Artificial Intelligence and Online Dispute Resolution Systems Design: Lack of/Access to Justice Magnified

Wing, L. “Artificial Intelligence and Online Dispute Resolution Systems Design: Lack of/Access to Justice Magnified.” International Journal of Online Dispute Resolution, 4(2), 2017, 16-20.

5 Pages Posted: 15 Sep 2020

See all articles by Leah Wing

Leah Wing

Legal Studies Program, Department of Political Science, U. of Massachusetts Amherst; National Center for Technology and Dispute Resolution

Date Written: September 30, 2017

Abstract

Recent scholarship and innovative applications of technology to dispute resolution highlight the promise of increasing access to justice via online dispute resolution (ODR) practices. Yet, technology can also magnify the risk of procedural and substantive injustice when artificial intelligence amplifies power imbalances, compounds inaccuracies and biases and reduces transparency in decision making. These risks raise important ethical questions for ODR systems design. Under what conditions should algorithms decide outcomes? Are software developers serving as gatekeepers to access to justice? Given competing interests among stakeholders, whose priorities should impact the incorporation of technology into courts and other methods of dispute resolution? Multidisciplinary collaboration and stakeholder engagement can contribute to the creation of ethical principles for ODR systems design and transparent monitoring and accountability mechanisms. Attention to their development is needed as technology becomes more heavily integrated into our legal system and forms of alternative dispute resolution.

Keywords: ODR, ethics, alternative dispute resolution, technology, dispute system design, artificial intelligence

JEL Classification: K

Suggested Citation

Wing, Leah, Artificial Intelligence and Online Dispute Resolution Systems Design: Lack of/Access to Justice Magnified (September 30, 2017). Wing, L. “Artificial Intelligence and Online Dispute Resolution Systems Design: Lack of/Access to Justice Magnified.” International Journal of Online Dispute Resolution, 4(2), 2017, 16-20., Available at SSRN: https://ssrn.com/abstract=3665409

Leah Wing (Contact Author)

Legal Studies Program, Department of Political Science, U. of Massachusetts Amherst ( email )

Amherst, MA 01003
United States

National Center for Technology and Dispute Resolution ( email )

University of Massachusetts Amherst
Amherst, MA 01003
United States

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