Is the use of Artificial Intelligence in Alternative Dispute Resolution a Viable Option or Wishful Thinking?

Is the use of Artificial Intelligence in Alternative Dispute Resolution a Viable Option or Wishful Thinking?

Experts can divide Online Dispute Resolution (ODR) methods into 2 categories: Party driven and adjudicative

  • Party driven procedure relies on adversaries to determine and consent to a resolution.
  • Automated negotiation used during the party driven process accumulates date from parties to help them form an agreement but this process can only be used when liability is not disputed. This process is frequently used in insurance conflicts and commercial activities

Assisted negotiation uses computer programs to negotiate and help resolve disputes by offering advice and assisting in restating a party’s position. It can also bargain on behalf of the mediator or negotiate with different parties. Modriva is a company that helps with assisted negotiation. The platform allows parties to engage in discussions, mediation and arbitration arrangements. This system allows users to give the app information about themselves and then when the other party gives them information about themselves, the app then suggests a middle where both parties are happy. Other apps involve helping families and parents who are divorced in learning how to co-parent

The adjudicative method requires parties to allows third person to decide the outcome of the dispute for them. A.I can assist parties in figuring out common areas that both sides hold and create a quicker and less expensive way for achieve the same resolution that a human might be able to reach. Online shopping hubs and money transferring platforms use “algorithm-driven online dispute resolution” methods which work by accumulating huge amounts of data regarding previous disputes which have the same facts as the case at hand does. The A.I models are trained with the facts of previous court cases, ADR sessions, and court opinions. Courts in CA, Ohio, Wisconsin, and Michigan are all using “algorithm based ODR” for small money disputes, traffic tickets, outstanding warrants, and low conflict family court cases.

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