Artificial intelligence (AI) for helping mediate disputes has begun to gain traction. Although it might not yet be commonplace, it is on its way to playing a pivotal role in conflict resolution, providing mediators with

CS Professional · Arbitration, Mediation and Conciliation · PYQS · December 2025
Artificial intelligence (AI) for helping mediate disputes has begun to gain traction. Although it might not yet be commonplace, it is on its way to playing a pivotal role in conflict resolution, providing mediators with tools and functionalities that streamline the mediation process, offer data-driven insights, and help manage communications and negotiations. The use of AI in mediation looks both promising and transformative and presents opportunities and challenges for mediators. Explain the benefits and limitations of AI-Powered Tools and Functions in Mediation.

Answer & Explanation:

The use of Artificial Intelligence (AI) in the Mediation process is considered to be the future of Dispute resolution. I) AI in ODR can be used as follows: A. Decision Support System (DSS): A DSS can perform simple activities ranging from compiling data to more complex analysis, like suggesting the best strategy for the fairest possible outcome. B. Expert System (ES): Another way in which AI can be used is as an expert system. An expert system would have the capability to work at the standard of humans and may even be able to exceed the standard. Such a system will be capable of learning by itself and develop knowledge with each case. They differ on the ground that a DSS would assist a human, whereas an expert system would be able to decide and give advice as a human. II) Software and Tool Support tools are becoming increasingly popular among practitioners. With expert systems, contracts can be analysed in minutes as compared to hours taken by a human. Famous Software/tools which are known and recognised globally are SmartSettle, Adjusted Winner, eBrevia, etc. Benefits of AI-powered Tools Artificial Intelligence (AI) is a field that uses computer science and robust datasets to solve problems. It includes sub-fields like machine learning and deep learning that are commonly associated with AI. In mediation, the first priority of the neutral party is to make the disputing parties feel comfortable and confident in their confidentiality. AI programs could provide an advantage in this aspect as people might feel more at ease sharing personal information with a non-human party, especially when dealing with sensitive issues like matrimonial disputes. This could benefit parties who don't want their details disclosed to a third person. However, it raises concerns about confidentiality. AI has the potential to reduce the burden on courts since the volume of civil cases in India is high, and many of them can be resolved through alternative dispute resolution (ADR). AI in online dispute resolution (ODR) could make the process more accessible to those who can't afford litigation or physical ADR, especially since miscommunication is a common cause of disputes in civil cases. Limitations The confidentiality of physical ADR processes is not full proof, as there is always a possibility of information being leaked by the parties or a third party, whereas AI-based systems are vulnerable to cyber-attacks and security breaches. AI systems can be used in two ways, manual data entry or voice commands, both of which can be attacked through the internet. Furthermore, the development cost of such technology is expected to be high and unlikely to be offered at a low cost. The lack of emotions in AI systems can prove to be a drawback in family disputes. Human communication involves more than just words, and robots may not be able to consider factors that the parties don't mention. Although some robots can analyze non-verbal cues, they may come at a high cost. Another challenge is that AI may not understand colloquial language, different accents, or mixed languages that people use in communication, especially in India, where the use of local languages and the mixing of languages is common. Developing AI to accommodate these complexities will also increase development costs. Therefore, AI as a neutral party or representative may not be as efficient as human beings. Mediation and other alternative dispute resolution methods are seen as a way of bringing back the "human element" to dispute resolution and moving away from the rather mechanical adversarial system wherever possible. Humans communicate not only from their words but also their tone, facial expressions, etc. The efficiency of AI as a full-fledged neutral party or a representative will not be very high. There are certain robots that can analyse such signs and react accordingly; however, the cost they come at may be very high. Another problem that an AI neutral party or representative comes with is the syntax of the language. AI may not be able to understand the colloquial language in which we speak. There might be problems with the accent the person speaks in or the mixing up of the languages. There are times when a language like Hindi mixes with the local language, and it leads to a totally new colloquial language, with words from multiple languages and flexible rules of grammar. Developing AI to suit these requirements will further increase the cost of development.

Topics: Mediation

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