Combining Alternative Dispute Resolution and Artificial Intelligence
When we hear the words “conflict” and “argument,” we immediately think of classic lawsuits and tense courtroom arguments. However, if we go back to the 21st century, we already have some excellent “alternatives” to resolve our conflicts. The practice of alternative dispute resolution (or “ADR”) is becoming more and more popular. ADR is a process that is commonly referred to as the “out-of-court settlement” and is increasingly being selected as a practical option by those who do not want to get involved in the complexities of a public judicial struggle.
But with the field of law expanding in leaps and bounds, it would be truly beneficial if it would expand its wings to the technological era by taking under it the realm of artificial intelligence. This technology is what the future holds.
Alternative Dispute Resolution
ADR, which includes disciplines like mediation, arbitration, and negotiation, literally means “an alternative to the usual disputes.” These areas entail technical complexities, which gives the process credibility with the public. The key components of this system are confidentiality and professional legal interaction rather than court processes. Its benefit is that it draws clients and professionals into close-knit discussions when the neutral party’s involvement is vital because it entails examining the circumstance from a psychological and legal standpoint.
Therefore, one gets a holistic understanding of ADR when one realises how speedy, efficient, less complex and efficient a dispute resolution mechanism is.
To maximise fairness and minimise violations of any fundamental rights or laws while also respecting the parties’ valuable time, technology is being used in the judicial system.
How can AI be a Part of This?
AI is undoubtedly gaining ground in several industries while improving humans’ quality of life whether that is in the field of healthcare or education. Is it possible for AI to take the place of humans? It is still a subject that is hotly contested. As of right now, all we know about artificial intelligence is that it can help the human species. The “how” of this process is the focus of ADR.
Fair Play
The neutral party is under the obligation to be “unbiased” toward the parties in dispute which is the most crucial feature of ADR. Humans are known to be emotional beings, thus there is a possibility that they could harbour biases toward one side or the other. However, the arbitration proceeding would be impartial with the AI supporting the arbitrator, and decision-making would become much more effective and efficient.
BATNA (Best Alternative to a Negotiated Agreement)
AI is renowned for performing thorough analysis quickly. In this situation, AI might help analyse various claims and proposals made by the negotiation parties to come to a decision. In this way, it would be impartial since it would be a fair and technological process that would also be fair to the clients. The parties would then have the ability to consider their options before making a decision.
For instance, the Zeno system creates computer-mediated legal arguments, separates the arguments’ advantages and disadvantages, and promotes online discussion for towns. Here, the machine won’t make a decision; instead, the municipality will utilise the data to draw a judgement.
Documentation
By consolidating hundreds of documents and pieces of information into a single database, AI can now significantly ease our workload. Numerous factual details about the case, the clients, their backgrounds, and other legal considerations must be present in ADR. Here, AI would make sure that more crucial case material is effectively stated and layered in a shorter amount of time, ensuring less chaos.
Challenges Faces to Incorporated AI in ADR
The skills and powers of technology can occasionally be exaggerated. Everything has advantages and disadvantages, and AI is no different. Despite being a forward-thinking technology, it is time to voice our concerns about its potential for abuse and human rights violations. AI is still not entirely prepared for the same, from Data Privacy to a person’s psychological consequences.
Gender Equality
The Arbitration and Conciliation Act, 1996’s Section 18 ensures that the parties will be treated “equally.” Gender neutrality in the proceedings is a requirement for equality of treatment. Even though machines can be trusted with objective judgments, they may produce biased and unreliable results with insufficient or skewed data.
Psychological Aspect of Dispute Resolution
Would you rather open up to a human of your disputes or a robotic machine?
Machines may or may not resolve the conflict on the desired note, but a human professional may comprehend the circumstances practically and may even persuade the disputing parties to come to an agreement and settle on amicable terms. Humans are best equipped to reconcile the disparity between what occurs in the front of the mind and what does so in the rear. The psychological interpretation of the scenario is now the biggest issue, which AI could analyse from a text and even human language, but humans can go beyond that, they can even read between the lines and can infer whether the remark has to be taken seriously at all or not!
Conclusion
Technology, innovation, and invention have operated in isolation for aeons, making them specific to certain industries. However, as things change, there is an urgent need for greater public knowledge. As long as technology protects fundamental human rights, it can be completely adopted in the legal profession. It has the potential to be one of the most significant developments in legal technology with a carefully thought-out vision, flawless strategy, and responsible application of AI and ADR policies.
Both ADR and AI have been very carefully nurtured concepts in the field of law and technology respectively and people are now quickly resorting to both in their capacities. It would greatly benefit these areas of work for the combination of both fields for efficient results.
