“SEE YOU IN COURT” is a phase that u can offer here on streets of India even on smallest truffle between people. people resort to judiciary for their disputes to be heard and resolved in a legal and systematic manner. But the courts are overburdened and the process is expensive and time consuming wasting the time and money of the people and making it hard for the poor to approach the courts to seek justice.
Alternative dispute resolution (ADR) is a method that through various methods like mediation, arbitration, and negotiation present affordable, quicker, and approachable for the people to seek justice than courts. Sir Abrahim Lincoln in his lectures to lawyers started “discourage litigation. Persuade your neighbours to compromise wherever you can. As a peacemaker the lawyer has a superior opportunity of being a good man. There still be business enough.
A.I And SOCIETY
The society is advancing rapidly in both productive and unsettling ways. A.I has taken the world by storm, permeating virtually every profession. The results can be seen in both the arenas-positive and negative. As it is a known fact that every coin has two sides, the nature of a tool can vary depending on the user, same is the deal with A.I.
A. I’s role in a field can depend upon its use like in medical field A.I has proven an impeccable tool used in treatments and surgeries in the same manner with the integration of AI, ADR has the potential too become even more efficient and effective. In this blog we will walk you through the transformation that A.I brings ADR and its challenges. Let us go!
Integration Of A.I And Adr Process
ADR covers processes like mediation, arbitration and negotiation which allows the disputes to be resolved without having to go thought lengthy, expensive, complex, and tiring court proceeding. ADR is more affordable, flexible, and cheaper alternative to litigation but the process itself is not flawless. Paperwork, administrative hassle, case delays make the process slow.
A.I can help in streamlining these tasks making the process even more smooth and faster. This enables work to be more systematic and organised, not by replacing human professionals, but by equipping them with tools to simplify and enhance their tasks.
A.I Enhancing Role Of Adr Process
Keeping in mind the above facts let dive into a detail how AI can be a visible change in ADR mechanism: –
- Alternative Dispute Resolution (ADR) necessitates the careful selection of appropriate mediators or arbitrators for each case. By leveraging AI to create a platform that matches parties with mediators or arbitrators based on shared interests and specific conditions, the process becomes both more efficient and cost-effective, ensuring a fair and tailored resolution.
- Artificial Intelligence facilitates the streamlining of documents and records, ensuring seamless integration of online case files and hearing records. This not only enhances consistency and precision but also significantly improves operational efficiency while minimizing the time and costs associated with conventional workflows.
- AI can effectively summarize facts and evidence, verify applicable laws, and consolidate necessary materials, streamlining the process of drafting awards. By facilitating the understanding and organization of critical information, it enables arbitrators and mediators to focus on crafting fair, well-reasoned decisions more efficiently. This technology offers unparalleled clarity into the key aspects of disputes, fostering impartial and unbiased judgments.
- American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) have successfully introduced A.I in there working, allowing more effective and efficient process. They have laid down guidelines for responsible use of AI in ADR.[i]
Present Landscape Of A.I And Adr Process
AI has already inflated into the the traditional methods of legal proceedings and changes it significantly allowing it to showcase its potential and impact: –
- In Alternative Dispute Resolution (ADR), various mechanisms facilitate the resolution of disputes, with some methods enabling early determination of the likely outcome based on the facts of the case. This empowers parties to align their strategies and make informed decisions about their next steps. AI enhances this process through predictive analytics, analysing data from previous cases to forecast likely outcomes. This valuable insight helps ADR professionals devise more effective strategies and select the optimal approach, ultimately streamlining the process for all parties involved.
- AI-powered websites that assist individuals seeking the most appropriate ADR method provide seamless access to the process by guiding them through a series of questions. Based on their responses, the platform recommends the most suitable approach for their case. This simplifies the process, making it less intimidating and more accessible, particularly for first-time users.
- The most recent and effective use of AI can be witnessed during the COVID 19 pandemic. The pandemic paved the way for AI to take over the traditional processes and working of such settings and made it virtualised. Virtual hearings allowed the disputes to be resolved at a distance ensuring that justice is delivered without and hindrance. Also, AI made the meetings and logistics to be more organised ensuring everyone to be available at the required time at required place without delay and managing submissions of documents making the process accessible even to those at a distance.
Ehtical And Responsible Use Of A.I
A.I has benefited the human society in a great deal but it also comes with consequences to be dealt with. As mentioned earlier in the beginning of the blog the outcome of any product depends on its use. the use of AI is required to made in a responsible and reasonable manner to deal with the possible challenges that arise like:
- The process of ADR involves sensitive and personal information of the parties involved. It is required to be stored with protection and security so that the data is not breached and information is not compromised. Uttermost care and responsibility should be ensured in the process to avoid any risk of leak.
- The AI system that is being used should be well trained to avoid any biasness in its decisions. Its id important that the system that is being used is trained as per requirement for it to give best outcome just like humans needs to be trained. To ensure fairness it should be insured that the system is fed with diverse and representative data to avoid any prejudice.
- It is important that the mediators and arbitrators or other who are accessing the system are well trained responsible use of such AI systems. A proper training should to given to those providing service so that they do not use these platforms for any immoral purpose or cause any mistake.
Conclusion
The pandemic is forced many sectors to go digital, ADR was one of them. Physical meetings were restricted and virtual gearing become the norm. thanks to AI it became possible for the world to still function despite the stagnation caused by the pandemic. Now, with the world moving back to “normal” AI has become part of this normal world making it part of daily lives of people.
Looking ahead AI’s role in ADR will likely expand. With the tools becoming more sophisticated, they can be used to assist complex research and analyses of data. Also, A.I can cause the globalization od ADR breaking down barriers of geography, language, distance and making it assessable to people around the world.
[i] American Arbitration Association®-International Centre for Dispute Resolution® (AAA-ICDR®). (2023). Principles for the Integration of AI in ADR. Retrieved from [www.ADR.org](https://www.adr.org)
Authors: Sanskriti Rajput and Isha Shakya are 3th Year B.A LLB(Hons.) students at GIBS, Rohini
