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Artificial Intelligence (AI) and Mediation
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Artificial Intelligence (AI) and Mediation

Technology-Based Versus Human-Facilitated Dispute Resolution

Audrey Berland
JD Supra, 2023
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The future of mediation could look dramatically different, as AI-based mediators are poised to automate aspects of dispute resolution. While human mediators won’t disappear any time soon, explains professional mediator Audrey Berland in her insightful dive into the future of her industry, AI-based mediators could collaborate with humans to resolve disputes, potentially with more speed and impartiality. While this possible development boasts many positive attributes, facing the legal and ethical concerns surrounding this emerging technology, while confronting its risks of bias, is essential.

Summary

AI-based mediators could automate elements of dispute resolution in the future.

AI is poised to revolutionize dispute resolution processes, due to the emergence of AI-based mediators, or “virtual mediators,” which use machine learning techniques and advanced algorithms to help resolve conflict. AI mediators can either apply predefined laws or regulations to a case to guide the decision-making process or comb through an enormous data set of past mediation cases to inform their suggestions.

Yet AI-based mediators shouldn’t replace human mediators entirely. Rather, human mediators should use AI mediation platforms as tools to offer a more objective perspective to those in conflict.

The processes that humans and machines use to resolve conflict are strikingly similar: While a human relies on knowledge, skills and experience to offer dispute-resolution recommendations, an AI relies on programming. AI-based mediators contribute to dispute resolution by receiving information – arguments, evidence...

About the Author

Audrey Berland works as a mediator for Miles Mediation & Arbitration.

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