From Courtrooms to Algorithms

The Evolution of Dispute Resolution with AI

Resumo

Technology usage in the Dispute Resolution process across different levels has been
encouraged. Technology assists in making the process more accessible, convenient, and efficient for the parties involved. The development of Artificial Intelligence (AI) has seen calls for integrating the usage of technology with the adjudicatory process. The usage of alternative methods for the resolution of disputes, like arbitration, mediation, negotiation, and conciliation, which depart from the traditional courtroom litigation has further increased the scope for integration of AI into the process. The COVID-19 pandemic played an essential role in the shift towards these alternative methods and took the process of dispute resolution online. This has further allowed for the creation of a scenario where AI is introduced into the process. However, it still needs to be deciphered if the usage of AI is conducive or detrimental to the Dispute Resolution Process. The arguments in favour of AI revolve around increased efficiency, more possibility of resolution, and fair decisions. However, the lack of humane touch, human sympathy, and human emotions are sought as major grounds to dissuade the usage of AI. Moreover, being something programmed and developed by humans, the objectivity of the AI is also questioned. The extent and usage of AI in Dispute Resolution is a key contention that has been explored in this paper. It analyses the existing developments in AI, the application of Intelligent Resolution systems to already ongoing conflicts, and the potential for the future.