AI and Dispute Resolution

[in:] El derecho público y privado ante las nuevas tecnologías, J. Garcia Gonzalez, A. Alzina Lozano, G. Martin Rodriguez (eds.), Madrid 2020

10 Pages Posted: 27 Aug 2020

See all articles by Mariusz Załucki

Mariusz Załucki

Andrzej Frycz Modrzewski Kracow University

Date Written: June 24, 2020

Abstract

The office of a judge is nowadays an indispensable part of the system of governance. However, this does not mean that the legal regulation of this area is optimal and this area does not pose any challenges for lawyers. Moreover, there is no general consensus on how state power, including that of the courts, should be exercised. Judicial power is usually one of the balancing powers in democratic countries, independent of the executive and legislative powers. This power has its problems, such as the length of judicial proceedings and the inefficiency of the entire judicial system. For some time now, therefore, various mechanisms have been sought to solve the existing problems of this authority. In the world of new technologies, i.e. the world in which we live, more and more instruments are responsible for mechanising certain elements of our lives. In this connection a dilemma arises, among others, whether some of the tasks of the judiciary can be realized in a mechanized, automated way. This is because technological achievements may already today allow for their application in the justice system. Here it wonders whether there is a possibility that at least a part of court cases could be solved in an automated way, i.e. without the participation of a judge and with the use of algorithms and artificial intelligence. The author looks at this area and wonders about the technological possibilities created by the use of artificial intelligence mechanisms to resolve some court disputes.

Keywords: judiciary, artificial intelligence, AI, dispute resolution

JEL Classification: K1, K4

Suggested Citation

Załucki, Mariusz, AI and Dispute Resolution (June 24, 2020). [in:] El derecho público y privado ante las nuevas tecnologías, J. Garcia Gonzalez, A. Alzina Lozano, G. Martin Rodriguez (eds.), Madrid 2020, Available at SSRN: https://ssrn.com/abstract=3636187 or http://dx.doi.org/10.2139/ssrn.3636187

Mariusz Załucki (Contact Author)

Andrzej Frycz Modrzewski Kracow University ( email )

ul. Gustawa Herlinga Grudzińskiego 1
Kraków, 30-705
Poland

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