Can artificial intelligence contribute to conflict resolution?

As already suggested in the White Paper on Artificial Intelligence (AI) of the European Commission, AI is developing at a tremendous pace in many fields and sectors, showing itself as the main key to opening up a new, more connected world, but at the same time full of challenges and new approaches that can change our societies and challenge the very meaning of being human.

In this sense, artificial intelligence is understood as “the science of computing that deals with the automation of intelligent behavior.” (Lugar and Stubblefied, 1993), although it is interesting to highlight some other important reflections here, including author Alan Turning, the forerunner of AI and the father of computing: “A machine can be considered intelligent if it manages to trick a person into believing that he is a person.

A key idea emerges from all definitions, and that is the possibility that artificial intelligence develops human-like behaviors and even more complete and complex behaviors in various fields and areas of society. However, in order for this to happen, evolution and momentum are needed to implement it. This forces us to ask a fundamental question: are we ready to use artificial intelligence for out-of-court conflict resolution?

Regarding the non-judicial realm of conflict resolution, it should be noted that not all online conflict resolution platforms use AI to manage conflict between parties. An example of this is the ODR platform offered by the European Commission for online dispute resolution, which aims to help consumers and merchants resolve disputes related to contract purchases of goods and services. Online.

However, among the platforms that use proprietary optimization algorithms to achieve fair and efficient conflict management solutions, we find, for example, Smartsettle ONE, which uses algorithms to motivate conflicting parties to cooperate and reach the best possible agreement through proposals that are among the most visible proposals exchanged between the parties.

In this sense, according to Smartsettle, “the Internet uses a neutral server that acts as an impartial and trustworthy automated intermediary that understands how satisfied each party is: enhanced intelligence at its best. The server uses optimization algorithms such as the recipe that the neutral server uses to take ingredients from the parties and return something good to them.”

Technology to improve justice

Now is it possible that artificial intelligence contributes to the improvement of justice? The advancement of digital transformation in the justice sector makes it necessary to propose technology initiatives whose main goal is to use the innovative potential offered by technology to put justice at the service of increasingly demanding and connected citizens of the 21st century. .

The right to justice is a requirement that all states must meet in order to guarantee its practical application. This requires judicial procedures that are accessible to all citizens, flexible and efficient, guaranteeing access to justice in line with SDG 16 Peace and Justice. In this context, the purpose of applying artificial intelligence to justice is to complement the activities of legal operators by giving them access to the so-called “multi-user court”.

This organizational model was proposed by Professor Frank Sander of Harvard University, who considered the possibility of a multi-door court approach in which cases presented were assessed and routed to the appropriate door based on their specific characteristics. Thus, these doors will be various alternative conflict resolution methods such as negotiation, mediation, conciliation or arbitration. If alternative methods of out-of-court conflict resolution are excluded, cases will be referred to the courts of jurisdiction.

Thus, the solution is to provide accurate information about existing modalities alternative to ordinary jurisdiction before the start of the judicial procedure. The introduction of this AI-based multi-door court will surely make the administration of justice more efficient and effective.

If we bear in mind that the parties usually prefer to reach an agreement that can satisfy their interests before submitting to the decision of a third party, resorting to alternative modalities will always be of interest.

All this is carried out within the framework of the Justice Digital Transformation Project “Digital Instant Communication and Remote Services”, which will allow its citizens and operators to be securely identified using flexible methods, thus creating legal certainty for its administrators.

The proposed proposal will not only help relieve the burden on courts and tribunals, but will also expedite procedures by allowing the parties to learn about an alternative path that can offer them the best results, all based on artificial intelligence in the justice service.

Maria Petronela Popyuk, lawyer and mediator. Professor of Law, Criminology and Security at the University of Camilo José Cela and Miriam Salvador Garcia, Professor and Director of the Faculty of Law at the University of Camilo José Cela

This article was originally published on The Conversation. Read the original.

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