Artificial intelligence in Alternative Dispute Resolution 

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Categories: Journal, JOURNAL
THE LAWWAY WITH LAWYERS JOURNAL
VOLUME:-7 ISSUE NO:- 7 , FEBRURY 18, 2024
    ISSN (ONLINE):- 2584-1106
Website: www.the lawway with lawyers.com
Email: thelawwaywithelawyers@gmail.com

Artificial intelligence in Alternative Dispute Resolution 

 

Abstract: 

This article’s main aim is after COVID-19 digital usage is more compared to the past. Using  technology in all day-to-day activities why not in the legal industry? Humans make mistakes or  disputes arise over time then for justice to go to court the filing of cases has increased in recent  times these have caused a burden on judges to solve. To solve petty cases and other Alternate  Dispute Resolution (ADR) is the best solution to get justice in a short period, use of AI in  Alternative Dispute Resolution (ADR), so too will new AI regulations impact Alternative  Dispute Resolution (ADR), among other reasons, because Alternative Dispute Resolution (ADR) is earlier exercising Artificial Intelligence (AI) and will gradually use Artificial Intelligence (AI) in the future. Suitable Artificial Intelligence (AI) regulations should therefore profit Alternative  Dispute Resolution (ADR), as the executive approaches in both fields participate in multiple of  the same aims and values, such as promoting responsibility. 

Keywords

Artificial intelligence (AI), online dispute resolution, Alternative Dispute Resolution (ADR) Introduction: 

The pandemic pushed us to consider our relationship with technology and embrace it in our  work. The rapid-fire relinquishment of innovative technology leads to the question of whether  Artificial Intelligence (AI) will make other inroads into Alternate Dispute Resolution (ADR). 

Aspects of machine literacy are formerly integrated with advocates’ practices and Alternative  Dispute Resolution (ADR). Algorithms help advocate exploration issues in a bit of the time it  would have taken in the library. Judges have started to incorporate Artificial Intelligence (AI) to  help with sentencing opinions.  

Legal technology start-ups claim the capability to read case issues. Massive document review  systems can be expedited significantly. Machine education and Artificial Intelligence (AI) have 

progressed so far that their integration into the arbitral process seems inevitable, with the only  question being a matter of time and degree.  

Working process of Artificial Intelligence(AI) in Alternative Disputes Resolution (ADR): Artificial Intelligence (AI) can work in 2 ways 

Artificial Intelligence (AI) can be a tool for the neutral AI can be the neutral itself in the first  system – AI can help in examining documents, exploration, and standard drafting. Artificial  Intelligence (AI) can also be used to make an estimation of the issues, evaluate damages,  determine untruths, and propose probable results. Therefore, mortal decision-makers could  consult the AI on an aiding base for simplified and speedy Alternative Dispute Resolution (ADR) proceedings.  

In the alternate system – Both parties can be asked to put forward their last, best offer, and the  algorithm would look into its database and see which offer is closest to its model result. This  would also prompt the parties to put rational offers so that the Artificial Intelligence (AI) chooses  their offer over that of the other party’s. This design plays to algorithmic specialties and shuns  subjective questions that might trip it.  

Pros and Cons of Artificial Intelligence in Alternative Dispute Resolution: 

Pros and cons of Artificial Intelligence (AI) in Alternate Dispute Resolution (ADR) are mentioned as follows: 

Amplification of the Process: 

The easiest way of using an AI would be at the first stage of the session. The machine may  answer questions and address queries as to how the Alternate Dispute Resolution (ADR) process  would do. A robotic machine can repeat analogous material multitudinous times without growing  irascible as a human neutral might.  

Time Effective:

One of the objectives of Alternative Dispute Resolution (ADR) is to save time in comparison to  litigation. Still, attorneys are frequently burdened with no way – ending attestation and  exploration work, which is to be finished in a veritably short time frame. 

An Artificial Intelligence (AI) can organize data analysis and exploration and hence, lessen the  burden on individuality.  

Cost-Effective: 

Although the primary setup would be huge, once the Artificial Intelligence (AI) becomes  functional it would be a much cheaper choice than traditional human-based resolution. 

Disclosing Sensitive Details: 

Some people might be more content sharing their private information with a robot rather than a  person. A robot cannot judge anyone which might make people open to that change.  

Attestation

Alternate Dispute Resolution (ADR) is a shorter process as compared to litigation, which makes  AI particularly salutary in lowering the attestation workload. AI can help in quickly assessing  and choosing the material documents, or for making summaries of the documents.  

Drafting: 

Judges spend a lot of time drafting standard sections of arbitration awards, similar to – the  parties, procedural history, and the clause of arbitration, governing law, party’s positions, and the  cost of arbitration.  

No scope for Bias: 

The judgments given by an Artificial Intelligence (AI) system would not be affected by human  sins such as partiality, unfairness, immoderation or just having a bad day or being tired. It also  takes care of other human inclinations, similar to relying on the first piece of information entered  or being told by the external surroundings or the other cases the arbitrator dealt with.

No Conflict of Interest: 

Where robots are assigned rather than human judges, there would be no grounds for querying the  judges on grounds of partiality or a conflict of interest.  

No Scope for Errors: 

There are chances that Human Arbitrators can make misdoings in understanding, translating,  attestation, selection of authority, decision timber, etc. Using Artificial Intelligence (AI) at  several stages or in different jobs can help in barring the shortages in the process of arbitration. 

Replacing attorneys: 

It’s an intimidating outlook for legal professionals that the technology which was first developed  to help them may one day deprive them of their jobs! There would only be a need for smaller  people to make the Artificial Intelligence (AI) system functional and the employment rate of  intercessors, and judges would drop. 

Challenges and Ethical Considerations: 

The use of Artificial Intelligence (AI) in Alternative Dispute Resolution (ADR) must be  precisely managed to address these ethical firms. Ensuring the integrity of Artificial Intelligence (AI) algorithms is vital, as biased or defective algorithms could lead to illegal dispute  resolutions. also, there’s a need to maintain translucency in AI-driven opinions to build trust  among the parties involved. Artificial Intelligence (AI) systems must be designed and operated  with a focus on ethical principles and fairness. 

Impact on ADR interpreters: 

The rise of Artificial Intelligence (AI) in Alternative Dispute Resolution (ADR) also impacts the  role of mediators, judges, and legal professionals. There’s a growing need for these interpreters to  understand and engage with Artificial Intelligence (AI) technologies. This doesn’t lower the  significance of human judgment but rather complements it with data-driven perceptivity.  Similarly, the skill set for Alternative Dispute Resolution (ADR) professionals is evolving, with  an emphasis on technological proficiency alongside traditional concession and legal chops. 

Artificial Intelligence (AI) in Alternative Dispute Resolution (ADR) presents a future where  dispute resolution is more effective, accessible, and indifferent. 

Troubles associated with the use of AI in ADR: 

Among the troubles of using Artificial Intelligence (AI) in Alternative Dispute Resolution (ADR) are the need for human judgment and the incapability of Artificial Intelligence (AI) algorithms to consider contextual factors and feelings in resolving controversies. Bias and  demarcation are also significant concerns, as Artificial Intelligence (AI) systems can immortalize  

existing impulses and inequalities if not duly designed and covered. Also, the sensitive nature of  the information involved in Alternative Dispute Resolution (ADR) processes can raise data  protection and privacy enterprises. 

No moral judgments: 

The first manacle is embedded in the actuality of general clauses as part of the systems of law,  grounded on moral principles social coexistence, good faith, the conception of abuse of rights,  or, as in common law, the institution of estoppels.  

It seems that no machine is and will be suitable to analyze the moral stances of the parties to the  proceedings, which in certain orders of cases is applicable from the perspective of assessing the  fairness of the judgment. Taking the refereeing of a football match as an illustration I imagine  that an Artificial Intelligence (AI) can unerringly render a decision as to whether there was an  offside or whether the thing was scored rightly; but I find it delicate to imagine that a machine  can decide whether a footballer’s gets was a foul or not, and if so, whether he deserves a unheroic  or red card. 

Because the decision depends on reading the good/ bad faith intentions of the footballer in  question. Moral judgments break down from the dividing line between the legal formalism of  judgment (the perfect decision is one in which sense and deduction are the exclusive decision making factors) and the literalism (the decision depends on legal and extra-legal contextual  factors) because moral principles are an ingrain part of the legal order and are to be considered in  both seminaries of study.

Enter Chat GPT: 

Chat GPT, which exploded into the limelight this time, represents an enormous coming step in  Artificial Intelligence (AI) pertained to as “ generative AI ”( the ‘ G ’ in Chat GPT stands for  generative) which can produce something fully new, not just perform a hunt or execute a  command. The large language model’s vast volume of human-generated messages available on  the internet – books, papers, blogs, social media, videotape, and so on – have been reused into  Chat GPT with limited or no categorization or curation for delicacy, social propriety, or other  characteristics. 

Mechanics of AI-based agreement in the most introductory terms, the mechanics of Artificial  Intelligence (AI)-based agreement aren’t different from the traditional agreement. The parties  give information to a human neutral that uses his/ her knowledge, experience, and chops (i.e.,  “programming”) to help the parties in relating a fair resolution of their disagreement. Artificial  Intelligence (AI) platforms using natural language processing (NLP), along with machine  literacy algorithms to automate the disagreement resolution process look analogous. 

The parties involved in the disagreement give information about the case, including their  arguments, evidence, and applicable laws or regulations. This information can be input into the  AI platform in varied formats, similar to text, audio, or videotape. The AI platform can also  exclude challenges associated with any language hedges. The Artificial Intelligence (AI) platform uses natural language processing (NLP) and machine literacy algorithms to analyze the  information furnished by the parties and identify crucial issues strengths, and faults in their  arguments. 

It can also compare the case with analogous cases and identify applicable laws, regulations, and  precedents. Based on its analysis, the Artificial Intelligence (AI) platform generates a fair  resolution suggestion, grounded upon the parties ’input, and harmonious with applicable laws  and regulations. The suggestion can take the form of a summary of vital findings, an evaluation  of the parties ’positions, or a proposed agreement.  

It could also be asked to induce a list of possible results or options for resolving a conflict. This  could be especially helpful if the parties involved in the conflict are stumbling to come up with  ideas on their own. Alternately, or in addition, the Artificial Intelligence (AI) platform may be 

used to smooth communication between parties in a conflict by furnishing a neutral third party to  hear both sides and induce responses that encourage productive dialogue.  

A human middleman with the benefit of emotional intelligence and the capability to grasp the  nuances of the case and allow judgments that might incorporate any personal considerations  motivating one or both parties can also acclimate the suggested judgments. Once the parties  agree on a resolution, the effect and applicable information from the case can also be used by the  AI platform to continually upgrade its algorithms and decision-making process.  

Legal Considerations: 

The use of Artificial Intelligence (AI) -based conciliators may raise solitariness and data  protection enterprises. For illustration, if an AI-based conciliator collects particular data from the  parties in an agreement, how is that data safeguarded and who has access to it? To address these  concerns, inventors of AI- AI-grounded intercessors should be needed to misbehave with  applicable data protection laws and regulations and to give clear and transparent information  about how particular data is collected, used, and safeguarded.  

Another legal implication of using AI-based conciliators is the admissibility of proof that’s  generated by the system. For illustration, if an AI-based conciliator generates a document or  record that’s used in an agreement, there may be some ambiguity as to whether that document or  record could (or should) be permissible in court. 

The use of AI-based conciliators may also raise questions about the professional responsibility of  advocates and other legal professionals who use the system. For illustration, a counsel must  ensure that the system is performing rightly and that the advice is accurate. Likewise, a crucial  legal recrimination of using AI-based conciliators is the question of liability and/ or  responsibility in the event of a mistake.  

For illustration, if an AI-based middleman improperly advises a party in a settlement, who’s  liable for the mistake? Is it the inventor of the AI-based middleman, the party that executed the  system, or the party that reckoned on the advice? These questions have yet to be completely  answered and may vary depending on the governance. Still, one possible result is to need 

inventors of AI-based conciliators to give remuneration and insurance to cover any possible  arrears. Artificial intelligence in Alternative Dispute Resolution (ADR) is possible in the future  

Artificial Intelligence holds immense possibility to shape and enhance Alternative Dispute  Resolution (ADR) processes. By automating executive tasks, furnishing objective guidance, and  perfecting access to justice, AI can transfigure the way controversies are resolved. Artificial  intelligence is the new player in arbitration. Document review and discovery AI tools can review  and categorize vast quantities of documents and data rapidly, making it easier to identify  applicable proof, and reducing the time and cost associated with document review and discovery.  One of the most prominent operations of AI in the legal sector is its part in legal exploration and  document review. AI-powered algorithms can rapidly sift through vast volumes of legal  documents, enactments, and case laws, significantly reducing the time and sweat needed for  attorneys to pull applicable information 

Conclusion: 

Judges may save time and parties’ freights by delegating the drafting of similar’ boilerplate’  sections to Artificial Intelligence (AI) machines. furnishings of robots would be less vulnerable  to challenge on grounds of conflict of interest or bias. AI’s transformative impact on Alternative  Dispute Resolution (ADR) is a testament to the possibility of technology in enhancing legal  processes.  

By offering prophetic analytics, automating accommodations, and upgrading case conduct, AI is  setting a new standard in controversy resolution. While challenges exist, particularly around  ethics and bias, the careful integration of Artificial Intelligence (AI) in Alternative Dispute  Resolution (ADR)presents a future where controversy resolution is more effective, accessible,  and equitable As AI technology continues to advance, its part in Alternative Dispute Resolution (ADR) is set to come increasingly significant, heralding a new age in the field of dispute  resolution. the use of AI-based conciliators raises several legal implications that have yet to be  completely resolved. These include questions about liability, admissibility of evidence,  solitariness and data protection, professional responsibility, and ethical implications. 

Name(s): Nagasreelekha Yelliboina

University name: Sri Padmavathi Mahila Visvavidyalayam, Tirupati References: 

https://law.cuhk.edu.hk 

https://www.wipo.int 

https://journals.sas.ac.uk 

https://dig.watch 

https://www.tandonline.com 

https://www.lexology.com

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