Silkan Bhardwaj, Vivekananda School of Law and Legal Studies (VSLLS)
ABSTRACT
The objective of the research paper is to analyse the recent developments concerning Artificial Intelligence and the role it has played and continues to function as a part of settlement proceedings through Alternative Dispute Resolution including Mediation. The COVID-19 pandemic has imputed the need for such technology which limits human intervention. The paper encapsulates the advancement of Artificial Intelligence to include Dispute Resolution Mechanisms such as Mediation and how “virtual mediators” are different from human mediators. AI is a transformative tool with tons of benefits, and it may have major implications on the judicial system as well as the traditional dispute settlement mechanism. There are drawbacks to Artificial Intelligence and its efficiency has remained questionable. Ironically it creates a “bias” that is quite similar to “human bias” and the inaccuracy of such results is based on inaccurate and biased data. Internationally, the reliability of Artificial Intelligence in matters of judicial applicability as well as dispute resolution mechanisms is a highly debatable topic. It is pertinent to note that AI works on a “quantitative approach” rather than a “qualitative approach” as it does not understand or process human emotions. Even with specialized AI tools such as Facial Emotion Recognition, the technology only recognizes the emotion as a variable to be processed to induce an outcome. Regulatory measures may provide solutions for the augmentation of the efficiency and accuracy of Artificial intelligence. There has been no specific regulation that regulates Online Dispute Resolution Mechanisms in the absence of such regulatory frameworks the AI might come with its own legal and technical issues.
Keywords: Artificial Intelligence (AI), Data, Mediation, Online Dispute Resolution (ODR), Bias, Virtual Mediators, Facial Emotion Recognition (FER), Empathy.
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