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Abstract

Artificial intelligence (AI) has had a significant impact on most industries, including the legal landscape. Effective AI incorporation has removed barriers to access to justice, resolving issues such as backlogged court systems and inadequate resources for pursuing claims. Similarly, the expediency and cost-effectiveness associated with alternative dispute resolution (ADR) have established ADR as a mainstay in most countries to enhance legal accessibility. It was inevitable that AI and ADR were integrated to efficiently deliver justice.

Most automated ADR systems implemented thus far have been with human intervention. As machine learning develops, there are efforts to completely automate ADR, and this article questions whether an algorithm can replace an arbitrator to create an enforceable and just award. The convergence of ADR and AI requires an assessment of critical challenges, such as the lack of emotional intelligence, algorithmic bias, and obscure decision-making of AI. This article will conclude that while AI is a valuable tool to improve ADR, the human element involved in resolving complex ADR cases cannot be downplayed. Humans may not be aware of the hundreds of cases similar to the current one or recognize statistically relevant patterns, but they use deductive reasoning to create just and equitable awards while understanding the emotions disputants display. The aim of ADR is not to create a reward similar to previous ones, but to establish a new doctrine based on the current facts. This article concludes that though current AI technologies cannot replace human arbitrators, they should be harnessed to strengthen ADR.

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