- News & Comment
-
Online Shop
Online Services
Looseleafs
Law Reports
Books and eBooks
-
CPD & Events
Webinars
- Authors
- About Family Law
- Contact
The Family Mediation Council (FMC) has warned separating couples against relying on AI chatbots to guide major decisions about divorce and separation, arguing that the technology cannot replace the expertise and professional judgement of a qualified family mediator.
The FMC, which regulates family mediation in England and Wales, said AI tools could appear confident, empathetic and personalised while offering generic responses that failed to account for the individual circumstances of families.
The warning comes amid reports from family lawyers that increasing numbers of clients are attending initial consultations having already used AI tools to draw up proposed divorce settlements.
Helen Anthony, chief executive of the FMC, said: “AI can sound like it knows you. It doesn’t.”
She added that while chatbots could present responses in a way that appeared tailored to individuals, they offered essentially the same advice to anyone asking a similar question.
By contrast, a qualified family mediator would take time to understand the family's circumstances, including its history, the needs of any children, what had happened during the relationship and the parties' aspirations for the future.
Anthony said mediators used their training and experience to help families reach solutions suited to their individual circumstances, rather than relying on generic guidance.
She also reported that increasing numbers of people were approaching mediators after using AI tools or search engines, sometimes finding themselves more confused as a result.
Warning that a convincing tone should not be mistaken for professional expertise, Anthony said AI chatbots could be particularly misleading for families navigating separation at vulnerable and high-stakes points in their lives.
She highlighted the absence of professional training in family dynamics, accountability for advice given and the ability to understand the underlying issues between separating couples as significant limitations of the technology.
The issue was also explored on the Today's Family Lawyer podcast, where Stephanie Douthwaite, a partner at Harrogate Family Law, discussed the challenges facing practitioners when clients arrive with expectations shaped by technology platforms used to draft financial remedies proposals.
Douthwaite highlighted the need to recognise and encourage couples' efforts to reach agreement while ensuring that poorly informed, do-it-yourself arrangements did not undermine proceedings. While AI could help explain basic legal concepts, she said it lacked the nuance, strategic understanding and professional discretion required to apply the law to individual circumstances.
Anthony said families needed someone able to listen to their concerns and help them identify what mattered most to everyone involved, particularly children, rather than relying on further information from a chatbot.
She added that decisions about children, property, finances and debt were too significant to be guided by generic responses from an algorithm.
The FMC concluded that its registered mediators were subject to professional standards, accountability and scrutiny that AI tools were not required to meet, regardless of how convincing or confident their responses might appear.
