Abstract
This article explores the evolution of Alternative Dispute Resolution (ADR) with a focus on Online Dispute Resolution (ODR) and the integration of Artificial Intelligence (AI) in arbitration. ADR methods, positioned as alternatives to traditional litigation, provide quicker and cost-effective dispute resolutions outside the conventional legal system. Online Dispute Resolution Platforms (ODRPs) have emerged, leveraging technology to address conflicts arising in diverse digital interactions.
The genesis of ODR is traced back to the evolution of digital interactions and the need for redress native to the internet. Platforms like eBay pioneered internal systems, handling over 60 million disputes annually, showcasing ODR's potential in handling a significant caseload. Courts and legal bodies are increasingly advocating for ODR, with some states implementing ODR programs.
The implementation of ODR necessitates advanced information technology, trained professionals, user-friendly interfaces, and the preservation of disputants' privacy. The essential requisites also include affordability, accessibility, infrastructure, flexibility, and transparency. ODR mechanisms encompass various approaches, including negotiation, conciliation, mediation, and arbitration.
The integration of AI into arbitration processes raises questions about its potential to replace human arbitrators. While AI has enhanced efficiency in legal processes, complete substitution remains unlikely due to the inherent rebellious nature of AI and the complexity of building trust in its decision-making.
This paper discusses the utilization of IT in arbitration, covering aspects such as transmitting messages, virtual meetings, document handling, and case management. It also highlights the growing role of AI in the constitution of arbitral tribunals, assisting in arbitrator selection and providing predictive analysis of potential outcomes.
Legal issues surrounding the use of IT and AI in online arbitration are examined, including confidentiality, data privacy, bias, and decision-making concerns. The article emphasizes the need for compliance with data protection laws and the importance of maintaining human judgment in the face of AI advancements.
Therefore, the article underscores the transformative impact of technology on ADR, particularly in the realm of ODR, and the potential but limited role of AI in reshaping arbitration processes. The evolving landscape calls for a careful balance between technological integration and preserving the ethical and legal foundations of dispute resolution.