ARTIFICIAL INTELLIGENCE FOR ALTERNATIVE DISPUTE RESOLUTION

As is the case with many industries today, the dispute resolution space is set to be reshaped by artificial intelligence (AI). According to Next Move Strategy Consulting, the market for AI is expected to grow exponentially over the coming decade. Its value of nearly $100bn is expected to reach nearly $2 trillion by 2030 – a 20-fold increase. Be it machine learning, natural language processing, generative AI, augmented analytics, distributed ledger technology, or some new application, AI innovations may revolutionise business processes across industries.

Digitalising dispute resolution

The digitalisation of dispute resolution has been underway for some time. Even before the outbreak of the coronavirus (COVID-19) pandemic, electronic communications and e-filings were not uncommon features of commercial arbitrations and litigation cases.

But the pandemic certainly boosted the uptake of digitalisation by parties, courts and arbitral institutions. Out of necessity, case management conferences were run using virtual meetings or videoconferencing. Witnesses and experts were cross-examined remotely. For international disputes, digital document storage, electronic trial presentation and electronic bundling became practical options.

The pandemic pushed the boundaries and made the dispute resolution industry consider its relationship with technology. Advancements in AI are likely to drive continued change in the way dispute resolution procedures are conducted.

AI has the potential, at least, to positively transform the dispute resolution industry. However, the extent to which dispute resolution processes will adopt the technology remains to be seen, particularly in the alternative dispute resolution (ADR) space.

Jan-Mar 2024 issue

Richard Summerfield