Qualia and family law professionals

A major focus in my presidential year is to raise awareness amongst family law professionals about the potential impact of artificial intelligence on our practices. I remain convinced that we stand at the dawn of the AI Epoch.

I have spoken about this topic in the United States, Canada, Italy, Singapore, and Australia. In November I will be visiting chapters in Florida, Ohio, Minnesota, Wisconsin, Illinois, and New York with the same message. A common question I am asked: will AI eventually replace family law professionals, across disciplines? My answer is: provided we adapt our practices, no, AI will not eventually replace family law professionals.

My main reason for this is Qualia (plural).

Qualia are the subjective qualities of human experience. I will call it the human repertoire. Examples of the human repertoire include: the vulnerability of physical and emotional pain, and fear; the sublimity of beauty; the anguish of grief; the despair of loss and the joy of gain. It is embodied practical judgment (or wisdom).

In our work as family law professionals the human repertoire includes empathy, not just understanding. It is recognizing another human as a human, offering dignity, and listening with respect.

For judicial officers and evaluators, it is feeling the weight of responsibility and the burden of consequences for the orders we make and recommendations we proffer about the future lives of families. For therapists it might be the deep understanding of what really matters to the client.

When decision-making, legal advice, PPE, therapy, and dispute resolution chatbots arrive, it will be the human repertoire that differentiates us and gives us the competitive advantage.

AI already produces legally competent text, can undertake relevant legal reasoning, and at an objective level can identify the facts of a case. AI therapy chatbots can arguably do the same in the therapy context, perhaps even one day providing a form of empathy. But these AI chatbots will never replicate the irreplicable human repertoire.

But the need to adapt our practices remain critical to remaining relevant and competitive in the AI epoch, a theme I will revisit in future messages.

The Orlando Symposium on Child Custody commences on 5 November. Its compelling sub-theme Re-thinking happily ever after: best interests over time has attracted fascinating and relevant institutes and workshops. Like any AFCC event, I will come away a better family law professional, as will you. It is not too late to register. Please come up to me and say G’day mate if you are there.

Colleagues, every day I am reminded of the difference that AFCC members make in the lives of the families we work with--the care, diligence, compassion, professionalism, and commitment set us apart. I am moved and inspired by seeing so many members dedicating their professional time--on the AFCC board, AFCC chapters, committees, and task forces for example--to improve our practice and capacity to serve families. I thank them all-you encourage and inspire me, and all members, every day. Keep up the great work.