NewTech LLP, a law firm was known for its specialisation relating to arbitration, mediation, conciliation and information-technology related cases. The firm had a technical team, which used to provide inputs based on the

CS Professional · Arbitration, Mediation and Conciliation · PYQS · December 2024
NewTech LLP, a law firm was known for its specialisation relating to arbitration, mediation, conciliation and information-technology related cases. The firm had a technical team, which used to provide inputs based on the usage of various software developed in-house for analysing the data. The Senior Partner of the Firm, wanted to increase the firm's foot print across three other cities in India and was discussing the same with other team members. One of the senior colleagues pointed out that, currently artificial intelligence is more relevant and we need to develop our systems on those lines for serving our clients better. Based on the discussions, the Management of New Tech LLP decided to invest in technology for increasing efficiency and client services. The Senior Partner asked the team to submit a proposal about the benefits of new technology including artificial intelligence driven solutions, which it proposes to use. Prepare a brief note on usage of technology and Artificial Intelligence (AI) in arbitration and conciliation.

Answer & Explanation:

Note on Usage of Technology and Artificial Intelligence (AI) in Arbitration and Conciliation The use of Artificial Intelligence (AI) in the Mediation process is considered to be the future of Dispute resolution. The below mentioned points emphasizes on the benefits of new technology including AI driven solutions: 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. III) Benefits: 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. Mindtech partnered with an AI solutions provider to develop a custom mediation platform equipped with advanced machine learning algorithms and natural language processing capabilities. The platform was designed to assist mediators and parties involved in disputes by analyzing case data, identifying patterns, and offering data-driven insights to inform decision-making. The AI platform analyzed vast amounts of case-related documents, including contracts, emails, and legal briefs, to extract key information and identify areas of contention. It provided real-time analytics and predictive modeling to assess the strengths and weaknesses of each party's arguments, enabling mediators to facilitate more informed discussions and negotiate favorable outcomes.

Topics: Technology in ADR

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