A new Miami administrative order warns lawyers and litigants that improper AI use in court filings may lead to sanctions. What if you choose Mediation instead?
A new administrative order from the Eleventh Judicial Circuit in Miami-Dade County is sending a clear message to lawyers and self-represented litigants: the use of artificial intelligence in court filings comes with serious responsibilities, and mistakes can lead to sanctions. As AI tools become more common in legal work, the court has drawn firm lines around disclosure, verification, and accountability.
What the New Miami Administrative Order Says About AI
The order applies to all attorneys and self-represented litigants appearing before Miami-Dade circuit and county courts. It requires anyone who uses generative AI in preparing pleadings, motions, memoranda, or proposed orders to disclose that use directly in the filing.
More importantly, the filing party must certify that all facts, citations, and legal authority were independently reviewed and verified. The responsibility for accuracy rests entirely with the person submitting the document, regardless of the technology used.
Why Courts Are Taking AI Use Seriously
Courts across the country have grown increasingly concerned about AI-generated errors, including fabricated case citations and inaccurate legal statements. These so-called “hallucinations” undermine the integrity of judicial proceedings and force judges to spend time determining whether cited authority even exists.
The Miami order makes clear that judges should not have to investigate whether a filing is real or reliable. If AI is used, the filer owns every word.
Sanctions for Improper AI Use in Court
The administrative order expressly authorizes sanctions for noncompliance. These consequences can be severe and may include:
- Striking the filing entirely
- Denying the requested relief
- Monetary sanctions
- Contempt proceedings
- Referral to The Florida Bar or other authorities
In other words, using AI incorrectly—or failing to disclose its use—can materially harm a case and a lawyer’s professional standing.
Why Mediation Is Different
This heightened risk highlights one of the most important advantages of mediation: confidentiality. Unlike court proceedings, mediation is not about creating a public record or persuading a judge through formal filings.
In mediation, parties are free to explore ideas, arguments, research, and even imperfect theories without fear of sanctions. You cannot be punished for being wrong in mediation, using incomplete information, or testing a position that ultimately does not hold up.
Freedom to Problem-Solve Without Sanctions
Mediation is designed to encourage honest discussion and creative problem-solving. Parties can use AI tools, informal research, and brainstorming techniques to better understand risks and options without certifying accuracy to a court or risking disciplinary consequences.
This flexibility often leads to better outcomes, especially in complex disputes where uncertainty is unavoidable. For many individuals and businesses, mediation offers a safer environment to resolve disputes efficiently and privately.
FAQ
Does the Miami AI order apply to mediation?
No. The administrative order applies to court filings in Miami. Mediation is a confidential, non-judicial process.
Can someone be sanctioned for using AI in mediation?
No. Mediation does not impose court-style disclosure or verification requirements. A Mediator is also not a judge, is a neutral party, and is not empowered or encouraged to sanction any party.
Why choose mediation if AI is part of my analysis?
Mediation allows parties to use tools like AI for insight and strategy without risking sanctions or public consequences.
As courts continue to regulate AI use more strictly, mediation continues to emerge as a valuable alternative for resolving disputes without the procedural risks of litigation. To learn more about confidential dispute resolution options, visit prime.law.