The use of Artificial Intelligence in alternative dispute resolution practice

Abstract

This dissertation examines Artificial Intelligence and the manner it is used in Alternative Dispute Resolution practices. The study focuses on the legislative framework, challenges and overall implementation of AI in dispute resolution practices. Artificial intelligence, stemming from an idea born in the 1950s as a means for experts to access computational intelligence, has progressed to such an extent that it roughly controls 200 billion dollars of the world’s economy in the present day. Despite this monumental growth, this dissertation acknowledges the shortcomings of artificial intelligence by exploring (amongst others) its threat to confidentiality of users, the presentation of algorithmic bias and overall security concerns. This study provides a thorough evaluation of AI’s role in promoting the accessibility and efficiency of ADR while addressing potential challenges and risks related to data breaches, privacy concerns and systemic bias. This study further highlights the importance of adopting much needed regulating frameworks that can properly address and minimalise these challenges and risks, specifically from a South African point of view. Finally, this study will render recommendations to address the lack of legal regulation in AI as well as how to effectively address the adversities that Alternative Dispute Resolution practices present.