Using Artificial Intelligence in Dispute Resolution

The authors investigate the features of the legal regulation of using artificial intelligence in dispute resolution. It was revealed that (1) To date, no generally accepted definition of “artificial intelligence” has been created; (2) Artificial intelligence can be divided into two levels—low-level (collection of materials, legal expertise, review of contracts, and alike) and strong-level (independent dispute resolution, robot judge); (3) The use of artificial intelligence of the first level (low-level) occurs everywhere—in courts, commercial arbitration, in mediation, and others; cases of using artificial intelligence of the second level (robot mediator) are rare; (4) However, if in the process a human judge is replaced by a robotic judge, then the result in this process (court decision) will be based solely on the algorithms used in the AI system program; therefore, the power of a court decision will not be in the hands of the judge, but in the hands of the programmer; in addition, if the decision is based solely on algorithms, then the goal of ensuring fairness will not be achieved in all cases; (5) The introduction of AI technologies in combination with a human judge may be more successful: (a) a robot can act as a court clerk; (b) the AI can manage the analyzed documents before the decision is made and answer the questions asked by the judge during the final decision; (c) the robot can perform the functions of an expert and present an expert opinion to the court based on the evidence presented during the trial. © 2022, The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

Authors
Publisher
Springer Science and Business Media Deutschland GmbH
Language
English
Pages
131-142
Status
Published
Volume
254
Year
2022
Organizations
  • 1 Department of Civil Law and Procedure and International Private Law, Peoples’ Friendship University of Russia (RUDN University), 6 Miklukho-Maklaya Str., Moscow, 117198, Russian Federation
  • 2 Leading Researcher, Vladivostok State University of Economics and Service, 41 Gogol St., Vladivostok, 690014, Russian Federation
Keywords
Artificial intelligence; Dispute resolution; Legal services; Robot arbiter; Robot judge; Robot mediator
Date of creation
06.07.2022
Date of change
06.07.2022
Short link
https://repository.rudn.ru/en/records/article/record/84365/
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