Role Of Artificial Intelligence In Reaching Mediation Settlements: Challenges And Opportunities
- IJLLR Journal
- May 15
- 2 min read
Sagar, Research Scholar, Amity Law School, Amity University Noida
Introduction
Where there is society, there will be disputes1This is a well-established fact that, no matter the causes, society eventually calls for some conflict between individuals. The conflicts can arise out of personal, professional, social, moral or purely commercial reasons, but their existence cannot be avoided. In a situation where dispute is the only constant, to preserve societal integrity, it is important to establish an efficient and conclusive justice delivery system.
Catering to this requirement, India has established a robust judicial system that finds its roots in the Constitution of India. But the robust judicial structure eventually faced severe problems due to its rigid nature. While the Indian judiciary garnered a lot of public trust through its years of existence and justice delivery, such trust eventually led to people becoming more aware of their rights and trusting the judiciary in preserving and protecting their rights. While this was a welcome development but with the public becoming increasingly litigious, the judiciary as an institution had to double its efforts. The trend continued till the point where the judiciary started feeling overburdened by the litigants, and a backlog of cases started piling up that the judiciary, with its ever-expanding infrastructure and workforce, was not able to handle. This resulted in public trust transforming into public dissatisfaction. To cope with this situation, Alternative Dispute Resolution (Hereinafter “ADR”) Mechanisms were introduced to reduce the burden on the judiciary and to better preserve the societal structure. Even among the multiple ADR mechanisms that were introduced, Arbitration was best received by the public and was not widely adopted. Recently, with the enactment of The Mediation Act, 2023, there is hope for Mediation to pick up pace with the adversarial system and arbitration mechanisms to integrate itself with the justice delivery system. With mediation having a root in our cultural ethos It is believed to deliver socially adhesive decisions.
