AI-Assisted Online Dispute Resolution In Administrative Law: Reconciling Efficiency, Transparency And Natural Justice
Harini Balamurugan, BBA LLB (Hons), VIT School of Law, Chennai Kelambakkam - Vandalur Rd, Melakottaiyur, Chennai, Tamil Nadu, India 600127
Prof. A. Bertila, Assistant Professor of Law, VIT, School of Law, VIT Chennai, Kelambakkam - Vandalur Rd, Melakottaiyur, Chennai, Tamil Nadu, India 600127
I. ABSTRACT
In this developing E-governance and dispute resolution era there is a change in the way in which citizens interact and communicate with public authorities or the Government. Online Dispute Resolution (ODR) is newly focused field which gives a chance to resolve disputes involving administrative bodies through digital dispute resolution mechanisms like Online Negotiation, Mediation, Conciliation and Arbitration. The combination of Artificial Intelligence (AI) into ODR facilitates automated case management, finding appropriate legal issues involved in the dispute, prospective analysis and outcome recommendations which works for all the parties involved in the dispute. Although, the use of AI-assisted ODR in the administrative discipline raises principal questions about procedural fairness, transparency, accountability and access to justice.
This paper focuses whether AI-assisted ODR can be effectively amalgamated into administrative dispute resolution without eroding the fundamental principles of administrative law such as audi alteram partem, decision-making, administrative discretion, institutional impartiality, judicial review and equality. The study also further examines the challenges made by algorithmic bias, opaquness, data protection, unequal digital access and the difficulty of attributing responsibility for AI-assisted outcomes. This paper also examines whether such safeguards of administrative law are adequate for digitally mediated dispute resolution or whether additional procedural safeguards are necessary in such cases. This paper adopts a doctrinal and analytical approach, which is to examine relevant principles of Indian administrative law alongside emerging developments in ODR and AI- assisted decision-making. It also establishes that technological efficiency cannot justify itself by compromising procedural fairness. Instead, AI- assisted ODR should operate within a framework of human oversight, transparency, explainability, meaningful participation and effective judicial review. The study ultimately seeks to develop a rights-based framework for this unique combination i.e. AI-assisted ODR into administrative dispute resolution while preserving the legitimacy and accountability of public decision making.
Keywords: Artificial Intelligence, Online Dispute Resolution, Administrative Law, Natural Justice, Algorithmic Accountability, Digital Personal Data Protection, Judicial Review.
