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Artificial Intelligence In Alternative Dispute Resolution: A Comparative Study




Ms. Shivangi Sharma, Gautam Buddha University

Mr. Pawan Yadav, Gautam Buddha University


ABSTRACT


The emergent growth of Artificial Intelligence (AI) is in process of reshaping how Alternative Dispute Resolution (ADR) works, especially in terms of mediation and conciliation. This paper provides focus at two emerging new approaches. The first being the AI assisted mediation, where the tools of AI are used to emphasise the work of mediators. And the second being the AI led mediation, meaning where the AI will act like a mediator where the algorithms are written in such a way that the AI take the role of a facilitator who can even help in resolving disputes.


By using a perspective which is legal as well as comparative, the paper examines as to how these models are addressed across India, the United States of America, Singapore as well as Europe. Exploring the benefits of AI in Alternative Dispute Resolution, as improved efficiency and better access to justice simultaneously highlighting the concerns it raises. It also includes questions in terms of neutrality, due process, transparency and accountability. The main emphasis is given to India's Mediation Act, 2023 as to how well it assesses and handles the incorporation of AI into Dispute Resolution processes. The major argument is that even though the AI has the potential to transform ADR, its usage needs to be regulated by a strong framework, and by stating clear ethical standard and design approach which keeps human values as the focal point.


Keywords: Artificial Intelligence, Alternative Dispute Resolution, Mediation Act 2023, Online Dispute Resolution, Algorithmic Neutrality, Comparative Law, Access to Justice, Algorithmic Accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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