LIVE from National Conference: AI and the Risk of Bias
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What is the purpose of the AI and bias keynote at the 2026 National Conference?
AI is transforming our lives whether we like it or not, and the justice system as a whole and the family justice system cannot ignore developments in society.
What a large language model can do is it functions a bit like the doctrine of precedent in drawing on everything that's already been decided, but what it can't do is respond to novel situations or develop as society develops. The human capacity to apply social norms and to respond to changes in thinking and society. That needs to be maintained in order to prevent jurisprudential ossification.
We're about to witness a live recording of Resolution's award winning podcast, Talking Family Law. So first on the podium is Anita Meta. And Simon Blayton. They've hosted more than fifty episodes of Talking Family Law since its launch a few years ago, and it's gone from strength to strength. And then deservedly They won the Commentator of the Year in twenty twenty four at the Family Law Awards. I'm growling 'cause I was a finalist and I didn't win. They won. And you'll see why when you see them in action. So last year the podcast was listened to by more than twelve thousand people. five hundred and eighty seven minutes of essential listening. So if you're looking for a C P D point and you're walking the dog
Just download one of these, it's fantastic. Anita and Simon are joined by Rosemary Hunter K C. And Mr Justice McKendrick? Rosemary is a leading family law scholar whose work has influenced the development of the family justice system. She was the lead author of the Harm panel. which report which resulted in, among other things, the introduction of the Pathfinder Courts. She's currently Professor of Socio Legal Studies and founding head of law at Loughborough University. Welcome. The Honourable Mr Justice McKendrick was called to the bar in nineteen ninety-nine and practiced for twenty-five years in England and Wales and overseas. He currently sits in the Family Division and Administrative Court and is lead judge for the Artificial Intelligence and Family Justice.
Which is the hot topic we'll be covering over the next hour or so. So without further ado, please welcome Anita and Simon and their guests Rosemary Hunter and Mr Justice McKendrick.
Welcome to the Resolution Podcast. Today we are going to talk about AI. And we have our judge here to talk about how it might impact on the future of family justice. And we have our professor here, who is a leading academic, whose research indicates that there may be bias in our family justice system and what we are going to do is try and join these two topics together for you. Now, because we are talking about AI, Simon suggested that we put our script through AI. I'm not sure why we haven't thought about doing that over the last five years, but this is what AI suggested that I should say, and you can judge whether that is better than what I usually say. AI is already shaping our family law and how it is practiced.
The difficult question is not whether it is clever and efficient, it is whether it is fair. Judge-made law is supposed to reflect society's views of what is considered fair. However, if AI systems are trained on past family law outcomes and those outcomes reflect Historical assumptions about gender, caregiving, wealth or credibility, will the system that it creates be neutral or is it just going to accelerate yesterday's values? Will bias become embedded not in a decision maker who we can challenge, but in a system that we cannot see?
Well goodness w AI is certainly wordy, isn't it?
Yeah.
So I think maybe just to start, Judge, by way of context, you're the lead judge for AI in family justice. Where where are we at in the court system with the introduction of AI? Where are we going? And what issues are giving you cause for thought so far?
Well, first of all can I say thank you very much to Anit and Simon for this kind invitation. It's very nice to be at a resolution event in Sussex. Simon, thank you for your question. It it is it is a huge question. AI is transforming our lives, whether we like it or not.
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