The role of Artificial Intelligence in Online Dispute Resolution: A brief and critical overview

Abstract

The growth of online dispute resolution can be seen both in real terms, via the development of systems to deal with lowcomplexity disputes, and theoretically, with many commentators arguing that such systems represent the future of dispute resolution and the law as a whole. At the same time, substantial developments have been made in the use of artificial intelligence to aid online dispute resolution. Artificial intelligence agents can be identified as existing in a number of different areas of dispute resolution as both an aid and a replacement for traditional resolution techniques. It can be asserted that unless carefully developed, a number of issues will emerge around the way that users interact with these systems. AI-based ODR systems can fail to take into account information which usually affects dispute resolution, like emotional responses or abstract qualities of negotiating parties. Additionally, such systems are not yet equipped to handle certain overarching principles of justice which affect the resolution process and can therefore have a subversively normative effect. Furthermore, it is easy to conceive of a future in which access to justice is hampered rather than helped by the development of AI processes. Therefore, this paper aims to investigate the role that AI currently plays in shaping ODR, and how that role might develop in the future. First this paper briefly analysed the nature of the development of AI in ODR and the technology is utilised. This will lend itself to a discussion regarding what direction the industry is going in. Second, the issues surrounding the interface between humans and machines was investigated and the potential effects of these issues upon ODR was evaluated. Finally, the effect of AIs in ODR, with regards to an individual's access to justice, was analysed. It concludes that a significant level of oversight and regulation will be necessary to obviate issues with AI in ODR. Also, this paper provides a series of recommendations regarding how best to proceed with AI in ODR.