Artificial Intelligence has touched and transformed every aspect of human civilisation, including the dispute resolution scenario, which often is criticised for being inadequate and not justice-oriented due to bias or its cumbersome nature at the domestic level. Mediation against this backdrop, even though not a very new concept for the Indian legal system, its formal introduction through separate legislative enactments or special provisions being made for it has made it an inclusive dispute resolution model. It has brought some respite due to its ‘win–win’ situation. Still, it has also been criticised for lack of proper skill or effective resolution, especially when an impasse paralyses this ‘win–win’ model in India. In this context, introducing Artificial Intelligence (AI) creates a positive impact, especially when providing resolutions or helping with the nitty–gritty of the simple yet complicated mediation process. Still, again, the issues of lack of empathy and neutrality prevent experts from relying on AI-generated solutions or interventions. This issue becomes even more acute, especially when the laws on mediation are utterly silent on the scope of AI intervention and the validity of the AI-generated or AI-aided resolutions. The research paper examines this scope of AI intervention in the mediation process by analysing the stages at which it can be integrated to make it more robust. The paper shall also examine the legal challenges in using AI in the mediation process and how it is being done at the institutional level by the various private players offering mediation and ADR services by evaluating the model dispute resolution clauses and guidelines issued by these institutions.

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Machinised Mediation: Apprising the Role of Artificial Intelligence in Existing Dispute Resolution Paradigm in India

  • Prashna Samaddar,
  • Victor Nayak

摘要

Artificial Intelligence has touched and transformed every aspect of human civilisation, including the dispute resolution scenario, which often is criticised for being inadequate and not justice-oriented due to bias or its cumbersome nature at the domestic level. Mediation against this backdrop, even though not a very new concept for the Indian legal system, its formal introduction through separate legislative enactments or special provisions being made for it has made it an inclusive dispute resolution model. It has brought some respite due to its ‘win–win’ situation. Still, it has also been criticised for lack of proper skill or effective resolution, especially when an impasse paralyses this ‘win–win’ model in India. In this context, introducing Artificial Intelligence (AI) creates a positive impact, especially when providing resolutions or helping with the nitty–gritty of the simple yet complicated mediation process. Still, again, the issues of lack of empathy and neutrality prevent experts from relying on AI-generated solutions or interventions. This issue becomes even more acute, especially when the laws on mediation are utterly silent on the scope of AI intervention and the validity of the AI-generated or AI-aided resolutions. The research paper examines this scope of AI intervention in the mediation process by analysing the stages at which it can be integrated to make it more robust. The paper shall also examine the legal challenges in using AI in the mediation process and how it is being done at the institutional level by the various private players offering mediation and ADR services by evaluating the model dispute resolution clauses and guidelines issued by these institutions.