ABSTRACT:
The impact of artificial intelligence in all the fields is increasingly high and according to the complexity of the growing automated system it is necessary to involve AI in alternative dispute resolution. The role of artificial intelligence in alternative dispute resolution such as mediation, arbitration and in online dispute resolution. Artificial intelligence agents play a major role in a number of various areas of dispute resolution both as an aid and which replaces the traditional method of dispute resolution. Artificial intelligence assisted dispute resolutions as both positive and negative outcomes. The major concern when it comes to artificial intelligence in dispute resolution is it fails to take into account information that involves human emotions and qualities of negotiating with parties. This article aims to deliver the role of artificial intelligence in mediation, arbitration and online dispute resolution and by lighting its advantages and challenges in the use of artificial intelligence.
Key words: artificial intelligence, mediation, arbitration, online dispute resolution and challenges.
ARTIFICIAL INTELLIGENCE:
Artificial intelligence is a unique concept. It can develop itself by utilizing intelligent technique. There have been many definitions for artificial intelligence over the years. The definition is the reflection of one’s own perspective about the concept of artificial intelligence hence there is no proper or accurate definition for artificial intelligence. The main objective of artificial intelligence is that it reduces human intervention and acts as an aid to human beings but in some cases, it suppresses the need for human intervention and takes the entire monopoly.
AI IN MEDIATION
The use of artificial intelligence in mediation has its potential benefit to revolutionize the way disputes are resolved. The AI assisted mediators are also known as “virtual mediators” or “digital mediators”. Artificial intelligence uses two techniques such as advanced algorithms and machine learning to assist the parties who are reaching out to resolve the dispute in mediation.
The way the AI assisted mediator approaches the problem in various ways such as, one uses the rule-based system, where the set of predefined data and rules are set to guide the AI in its decision-making process. The other way to approach the dispute in the AI assisted mediation is through the machine learning based system, where the AI is pre-trained by the training dataset of past mediation cases and uses this training set to assist the aggrieved parties to resolve the dispute.
AI IN ARBITRATION
The use of Artificial intelligence as an arbitrator in real life disputes has been linked with several risks because the use of AI in arbitration is quite different from all other methods of dispute resolution because most of the training dataset remains confidential. The machine learning based system to resolve the dispute as used in mediation is difficult because the number of previous years cases are very low in number as compared to the case history of mediation. The use of Artificial intelligence in arbitration has been relatively successful in predicting the future and outcome of the court judgments especially in the European court of human rights and the supreme court of the United States which took place in 2016 and 2017 respectively.
AI IN ONLINE DISPUTE RESOLUTION:
The future of AI in ODR, it is very important to take into account the history of past and current definitions of Artificial intelligence in online dispute resolutions has found new innovative ways to use the technology to solve the dispute. The use of Artificial intelligence in online dispute resolution helps to reduce the time taken to deconstruct the structure of the case. The services provided by the online dispute resolutions are chatbots for communication, predictive algorithms which are used to settle outcomes, and data analysis to suggest fair solutions through which you can reduce time and cost for all parties involved.
ADVANTAGES
Large amount of data: The key advantage of Artificial intelligence is it can access large amounts of data which reduces the time and the aggrieved parties can quickly and efficiently. Further, AI-powered chatbots can help the parties to get first-hand information and suggestions about their issues without the involvement of human or machine learning.
Direct communications: The use of AI in alternative dispute resolutions helps in direct communications between the parties which helps to reduce the role of conflict. Through this use of artificial intelligence in alternative dispute resolutions the language used is very simple and not complex even the normal prudent person can understand the language used in the communications.
AI- algorithms: Through the use of machine learning processes there is no need for human intervention at all times. Machine learning is the process which includes training a data set based on the history of cases and experience.
CHALLENGES
The accuracy and the data used in the fairness of the AI platform is not a credible or reliable dataset. Not all the detailed training data is fed into the Artificial intelligence program. The data used by Artificial intelligence is not the complete information about the particular issues. The website which involves certain platforms will be in favor of either one plaintiff or one defendant friendly. Artificial intelligence has no emotions attached to it; some issues in alternative dispute resolution involve human emotions and negotiating with the aggrieved parties. Due to the use of Artificial intelligence in resolving cases which leads to the increase in the ample number of cases filed in the courts.
CONCLUSION
The use of Artificial intelligence in the ALTERNATIVE DISPUTE RESOLUTION such as mediation, arbitration and online dispute resolution have significant importance and as its own drawbacks and negativities. This article focuses on the importance and challenges faced by the alternative dispute resolution which is assisted by artificial intelligence.
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WRITTEN BY: MUTHULAKSHMI B
