Chapter 1. Responsible Use of AI in Civil Dispute Resolution

Abstract

Technology has become the "fourth party" in dispute resolution through the growing field of online dispute resolution (ODR), which includes using a broad spectrum of technologies in negotiation, mediation, arbitration, and everything in between. Furthermore, AI has become a particularly powerful fourth party, and may even become the third party in some situations where AI makes the decision. Accordingly, it is imperative that professionals and policymakers tread cautiously and remain responsible in their use of AI in dispute prevention and resolution. This chapter will discuss foundational consideration around the benefits and risks of AI in dispute resolution, and the regulations as well as ethical guidelines that should remain a top priority when using AI in civil dispute resolution.

This is a DRAFT of a chapter to be edited and included in Amy J. Schmitz, Pietro Ortolani, and Marco Giacalone, THE CAMBRIDGE HANDBOOK ON AI AND CIVIL DISPUTE RESOLUTION (Cambridge University Press forthcoming 2025 or 2026).

Keywords: Artificial Intelligence, mediation, online mediation, ODR, e-courts, online dispute resolution, legal tech, legal technology, AI, dispute resolution, A2J, access to justice, alternative dispute resolution, courts, legal processes, judicial process, innovation