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The Rise of the Robots: Harnessing AI’s Potential for the Future of Dispute Resolution
With the launch of ChatGPT4, many dispute resolution professionals have become paranoid about artificial intelligence replacing them. What if AI learns to play the role of mediator or arbitrator, for a penny a case? How can we compete with algorithms that never sleep, speak 100 languages, and can read a million cases in an afternoon? Are we destined to become obsolete relics, just waiting around to be upgraded to a better model?
On the other hand, if we set our fears aside, can AI increase access to justice by leveling the playing field, reducing the costs and length of dispute resolution, and minimizing the inherent conflicts and biases of human advocates? Besides a world of robots making binding decisions, how might a properly developed and curated AI tool guide users through the dispute resolution process, research relevant laws, and analyze text and video to provide a relatively unbiased early neutral evaluation? While today’s legal AI initiatives are mostly focused on efficiencies for law firms, the advent of personalized AI may soon enable non-lawyers to better understand and evaluate their dispute resolution options before they decide to contact a lawyer or file a claim.
And the logical next question: if robots do in fact displace lawyers and arbitrators, how do we ensure transparency, responsibility and accountability? We’ve put a lot of time and energy into developing ethical rules and conflict checks for arbitrators and mediators, and we have systems to ensure that human neutrals are playing by those rules. It is much harder to look into the “eyes” of a robot to see whether it’s planning to respect rules around confidentiality, neutrality, and privacy.
This may be why the ODR field has largely eschewed the language of AI to describe the roles technology can play in a dispute resolution process, instead opting for the concept of the “fourth party.” In this paradigm the disputants are party one and party two, the arbitrator is party three, and technology (in all its forms) is party four. This conceptualization emphasizes the collaboration between human neutrals and technology because there are some tasks the third party can do better and some tasks the fourth party can do better. The primary question instead becomes how to optimize the partnership to achieve our shared objective, which is finding an efficient, cost-effective, and fair resolution to the dispute at hand.
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