Artificial intelligence and the rise of online dispute resolution – Mondaq News Alerts
To print this article, all you need is to be registered or login on Mondaq.com.
The idea of a litigator brings to mind images of Daniel Kaffeeand Atticus Finch (or maybe even Elle Woods) dexterously defendingthe interests of their clients.
While some litigation may still reflect such nostalgia, theintroduction of online courts has largely substituted collegialargument before the Honourable court with a series of drop downmenus and 2.00pm cut off times.
Litigants may feel separated from their opponents and decisionmakers, but the OLC (online court) has by no means supplanted thedispute resolution process. In this article, we consider how therise of ODR (online dispute resolution) has affected otherjurisdictions and how it will likely affect practice at home.
ODR has been present on a completely automated level for sometime.
Various online merchants, including eBay and Alibaba, have AI(artificial intelligence) keeping the wheels of justice turning inrelation to minor customer disputes.
As early as March 2015, in Zhejiang, China, the highest localcourt piloted an online court designed to resolve disputes ine-commerce, with a view to facilitating resolutions "asconvenient as online shopping". China is widely implementingdigitalisation to increase case-handling efficacy within itsexpansive court system using both AI and technological outfits,including blockchain and the backing of cloud computing. Thisincludes a mobile based court, housed on prolific social mediaplatform WeChat. The platform has already handled more than threemillion proceedings since its introduction in March 2019.
While technically the alternative dispute resolution system ononline merchant platforms is a modified form of arbitral processagreed by a clickwrap contract entered into on signing up as amember, such systems appear to have been relatively effective atdealing with low level online disputes (much like the medieval lawmerchant developed to resolve disputes quickly and practicallybetween people attending at markets and fairs from different landsspeaking different languages, similar to the informal"legal" systems developed by pirates in the 17th centuryto divide captured loot).
In British Columbia, the CRT (Civil Resolutions Tribunal) hasbeen introduced in an effort to relieve pressure on the highercourts by filtering out a significant volume of the smallerdisputes.
The CRT represents a free dispute resolution tool which requiresthe parties to engage in mediation at first instance, prior toprogressing to commence proceedings. Mediation fails in only areported two percent of cases. Litigated claims are almost entirelydealt with on the papers through the CRT, though the parties mayrequest an oral hearing via telephone or video link.
Other jurisdictions, including the UK, have been encouraged bythe success of the CRT and have pledged resources to developingapplicable ODR platforms to facilitate a much needed alleviation onthe stressed court system.
UK policy advocates have foreshadowed online dispute resolutionclauses in smart contracts, particularly in financial services.
Smart contracts are designed to enable transactions andagreements to be effected between disparate, often anonymousentities, without needing a central authority, or, presently; anexternal enforcement mechanism.
At the other end of the spectrum, a team of academics havedeveloped a bot fluent in AI that is apparently capable ofpredicting judgments made in the European Court of Human Rightswith a (fairly respectable) 79% accuracy rate.
Quite what the utility of this bot in the real world might beremains to be seen, but the benefit of any advanced form of AI isthat it intuits both its successes and failures and adaptsaccordingly via an algorithmic iterative learning process.
Legal AI, the Voldemort for some in the legal world, is likely away off from being implemented in Australian ODR.
However, there are promising applications of AI in certain areasof law, particularly those that involve a tangible prediction taskfor which there is a large volume of data available.
An example of this is the algorithm developed by Kleinberg etal, which was able to predict which bail applicants were likely tocommit a crime upon release. When the AI based application was setto the same release rate as the judges, the algorithm's choicesof applicants to release on bail committed 24.7% fewer crimes thanthose selected by the judges. The computer program only relied onthe defendants' age and charges in making its judgment, whilethe judges engaged with the defendants in open court.
It should be noted that AI based criminal sentencing is thesubject of significant human rights concerns in the UK and the USand it is unlikely that the Australian legal system will adopt it(especially in light of the political issues relating to apparentmistakes in the Australian government's AI based collection ofalleged overpaid welfare), but in commercial law things are likelyto be quite different.
The Federal Court of Australia has produced a machine learningconcept, reliant on AI, designed to aid parties to divide assetsand liabilities following a separation.
Such a division is usually debated at length (and cost) byfamily lawyers, however, the Federal Court is testing with what ithas named the "FCA Consent Order AI Application" toassist parties to determine a more accurate split likely to obtainthe Court's approval. The costs reductions inherent will likelymake this attractive to parties.
The current developments in AI are aimed at removing task-basedfunctions of the court and the judiciary, rather than replacing thejudicial function.
While we do not anticipate that we will be beholden to JudgeDredd any time in the immediate future, the digitisation of thelegal function has started to infiltrate our systems and the way inwhich we conduct dispute resolution. Litigants are not merelyobliged, but incentivised to adapt and engage with the newstructure.
Toby Blyth
Maddison Ives
Alternative dispute resolution
Colin Biggers & Paisley
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
Here is the original post:
Artificial intelligence and the rise of online dispute resolution - Mondaq News Alerts
- The Future of Society in the Age of Artificial Intelligence - Red Hot Cyber - November 3rd, 2025 [November 3rd, 2025]
- United Nations Youth4Disarmament Forum hosts Expert Panel on the Destabilizing Effects of Artificial Intelligence and Information and Communications... - November 3rd, 2025 [November 3rd, 2025]
- Sustainable chemistry with the help of Artificial Intelligence - chemeurope.com - November 3rd, 2025 [November 3rd, 2025]
- 5 Top Artificial Intelligence (AI) Stocks to Buy in November - The Motley Fool - November 3rd, 2025 [November 3rd, 2025]
- What Are the 3 Top Artificial Intelligence (AI) Stocks to Buy Right Now? - Nasdaq - November 3rd, 2025 [November 3rd, 2025]
- Artificial Intelligence and Robotics: Revolutionizing the Fire Service - PA TIMES Online - November 3rd, 2025 [November 3rd, 2025]
- A parent's guide to ChatGPT and artificial intelligence | THE MOM STOP - The Tuscaloosa News - November 3rd, 2025 [November 3rd, 2025]
- Artificial Intelligence in Design: How the Regions Studios Are Really Using It Cautiously - AD Middle East - November 3rd, 2025 [November 3rd, 2025]
- Artificial Intelligence Uncovers the Secrets of Mars... - jordannews.jo - November 3rd, 2025 [November 3rd, 2025]
- Artificial Intelligence: What Business Owners Need to Know - New Orleans Magazine - October 31st, 2025 [October 31st, 2025]
- The Senate Approves the Artificial Intelligence Bill - Dentons - October 31st, 2025 [October 31st, 2025]
- Artificial intelligence impacting the workforce; universities adapting to change - Fox 59 - October 31st, 2025 [October 31st, 2025]
- Artificial Intelligence News for the Week of October 31; Updates from Anomalo, Confluent, Informatica - solutionsreview.com - October 31st, 2025 [October 31st, 2025]
- Jim Cramer on ServiceNow: Havent Seen Any Signs of Artificial Intelligence Impacting Their Earnings - Yahoo Finance - October 31st, 2025 [October 31st, 2025]
- Artificial intelligence could transform Frances job market - but its still early days - RFI - October 31st, 2025 [October 31st, 2025]
- Sora AI Generator: The Dark Side of the Most Convincing Artificial Intelligence on the Market - sarahlawrencephoenix.com - October 31st, 2025 [October 31st, 2025]
- AI and airfares - Here's what to know about how artificial intelligence will affect the price you pay - CT Insider - October 31st, 2025 [October 31st, 2025]
- Cisco and KAUST Announce Launch AI Institute to Advance Artificial Intelligence Research and Talent Development in Saudi Arabia - TechAfrica News - October 31st, 2025 [October 31st, 2025]
- Could Recursion Pharmaceuticals Be the Next Big Artificial Intelligence (AI) Stock? - The Motley Fool - October 31st, 2025 [October 31st, 2025]
- Jim Cramer on ServiceNow: Havent Seen Any Signs of Artificial Intelligence Impacting Their Earnings - MSN - October 31st, 2025 [October 31st, 2025]
- The development would be part of the "Stargate" artificial intelligence initiative by companies OpenAI and Oracle. See link below ... - October 31st, 2025 [October 31st, 2025]
- Why OpenAIs restructuring could reshape the artificial intelligence landscape - Los Angeles Times - October 31st, 2025 [October 31st, 2025]
- How to keep from being replaced by artificial intelligence at work - FOX 5 Atlanta - October 31st, 2025 [October 31st, 2025]
- Artificial intelligence is the pumpkin spice of the digital world - Editor and Publisher - October 31st, 2025 [October 31st, 2025]
- Artificial Intelligence Takes Root in the Rural Heart of the U.S. - Al Da News - October 31st, 2025 [October 31st, 2025]
- Maine communities are testing the waters of artificial intelligence - Maine Public - October 31st, 2025 [October 31st, 2025]
- Artificial intelligence and the Gulf Cooperation Council workforce: adapting to the future of work - Nature - October 31st, 2025 [October 31st, 2025]
- Local universities embrace artificial intelligence as teaching tool and future focus - WTVG - October 31st, 2025 [October 31st, 2025]
- A new kind of coach: How artificial intelligence is helping people prevent diabetes - AOL.com - October 31st, 2025 [October 31st, 2025]
- Jim Cramer on ServiceNow: Havent Seen Any Signs of Artificial Intelligence Impacting Their Earnings - Insider Monkey - October 31st, 2025 [October 31st, 2025]
- 3 Artificial Intelligence (AI) Stocks That Could Help Make You a Fortune - Yahoo Finance - October 31st, 2025 [October 31st, 2025]
- Artificial Intelligence and the Future of Espionage - RealClearDefense - October 31st, 2025 [October 31st, 2025]
- The Illusion of Learning: The Danger of Artificial Intelligence to Education - American Enterprise Institute - AEI - October 31st, 2025 [October 31st, 2025]
- Could Recursion Pharmaceuticals Be the Next Big Artificial Intelligence (AI) Stock? - The Globe and Mail - October 31st, 2025 [October 31st, 2025]
- Geoffrey Hinton on Artificial Intelligence - persuasion.community - October 31st, 2025 [October 31st, 2025]
- Cisco and King Abdullah University of Science and Technology Launch Artificial Intelligence Institute in Saudi Arabia - Quantum Zeitgeist - October 31st, 2025 [October 31st, 2025]
- The Integration of Artificial Intelligence and Blockchain Is Reshaping Institutional Finance. Jex AI: Unleashing the Power of Blockchain and... - October 31st, 2025 [October 31st, 2025]
- The 9 Most Important Movies About Artificial Intelligence, Heed Their Warnings - giantfreakinrobot.com - October 31st, 2025 [October 31st, 2025]
- Artificial Intelligence Technology Solutions Inc Collaborates with AWS on SARA Development - TradingView - October 31st, 2025 [October 31st, 2025]
- 3 Artificial Intelligence Stocks to Buy and Hold Through 2035 - Yahoo Finance - October 28th, 2025 [October 28th, 2025]
- MVRDV Breaks Ground on the Innovation Park Artificial Intelligence Campus in Heilbronn, Germany - ArchDaily - October 28th, 2025 [October 28th, 2025]
- Study highlights potential use of artificial intelligence to aid in sepsis diagnosis, research - CIDRAP - October 28th, 2025 [October 28th, 2025]
- Artificial intelligence turns from marvel to menace - Washington Times - October 28th, 2025 [October 28th, 2025]
- How artificial intelligence hype is drowning out investment wisdom - The Globe and Mail - October 28th, 2025 [October 28th, 2025]
- AI in Horticulture Means Active Ingredient NOT Artificial Intelligence - 1490 WMRN - October 28th, 2025 [October 28th, 2025]
- NGO Forum: CSOs call for more robust artificial intelligence regulation in Africa - International Service for Human Rights - October 28th, 2025 [October 28th, 2025]
- Amazon to cut 14,000 corporate jobs as it ramps up spending on artificial intelligence - KNDU.com - October 28th, 2025 [October 28th, 2025]
- Optimized Artificial Intelligence: Atlas Is the iPhone Moment for Browsers - FinancialContent - October 28th, 2025 [October 28th, 2025]
- Amazon to cut 14,000 corporate jobs as it ramps up spending on artificial intelligence - FOX 28 Spokane - October 28th, 2025 [October 28th, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Will Soar After Nov. 4 (Hint: It's Not Palantir) - The Motley Fool - October 28th, 2025 [October 28th, 2025]
- Meet the Newest Artificial Intelligence (AI) Stock in the Dow Jones. It Has Soared 268% Since Early Last Year, and It's Still a Buy Right Now,... - October 28th, 2025 [October 28th, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Is Going to Soar After Nov. 5 - Yahoo Finance - October 28th, 2025 [October 28th, 2025]
- Amazon to cut 14,000 corporate jobs as it ramps up spending on artificial intelligence - Barchart.com - October 28th, 2025 [October 28th, 2025]
- Google restarts nuclear plant in the US to power artificial intelligence: billion-dollar investment in clean energy - CPG Click Petrleo e Gs - October 28th, 2025 [October 28th, 2025]
- Mphasis Achieves ISO/IEC 42001:2023 Certification for Artificial Intelligence Management Systems (AIMS) - CXOToday.com - October 28th, 2025 [October 28th, 2025]
- 3 Unstoppable Artificial Intelligence (AI) Stocks to Buy Right Now - The Motley Fool - October 28th, 2025 [October 28th, 2025]
- Artificial intelligence in defence it's already here - LRT - October 28th, 2025 [October 28th, 2025]
- Billionaire Investors Appear to Have a Favorite Artificial Intelligence (AI) Stock Right Now -- and It's Not Nvidia - The Motley Fool - October 28th, 2025 [October 28th, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Is Going to Soar After Nov. 5 - The Motley Fool - October 28th, 2025 [October 28th, 2025]
- Got $5,000? These Are 3 of the Best Artificial Intelligence (AI) Stocks to Buy Right Now - Yahoo Finance - October 28th, 2025 [October 28th, 2025]
- Features of state regulation of artificial intelligence in competitive conditions of a multipolar world - Regtechtimes - October 28th, 2025 [October 28th, 2025]
- Expert Says Artificial Intelligence Is Redefining Modern Finance - THISDAYLIVE - October 28th, 2025 [October 28th, 2025]
- The 2 Best Artificial Intelligence (AI) Stocks to Buy Before 2026, According to Certain Wall Street Analysts - Nasdaq - October 26th, 2025 [October 26th, 2025]
- Report on how Arkansas government can use artificial intelligence is in final stages - Magnolia Banner News - October 26th, 2025 [October 26th, 2025]
- Under-The-Radar Artificial Intelligence (AI) Stock Shines In Portfolio Expansion - The Globe and Mail - October 26th, 2025 [October 26th, 2025]
- AI models may be developing their own survival drive, researchers say | Artificial intelligence (AI) - The Guardian - October 26th, 2025 [October 26th, 2025]
- Meet the people who dare to say no to artificial intelligence - The Washington Post - October 26th, 2025 [October 26th, 2025]
- Micron: The Most Attractive Artificial Intelligence Play (NASDAQ:MU) - Seeking Alpha - October 26th, 2025 [October 26th, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Will Join Nvidia, Microsoft, Apple, and Alphabet in the $3 Trillion Club by 2027 - The Motley Fool - October 26th, 2025 [October 26th, 2025]
- The 2 Best Artificial Intelligence (AI) Stocks to Buy Before 2026, According to Certain Wall Street Analysts - Yahoo Finance - October 26th, 2025 [October 26th, 2025]
- Nvidia Has 95% of Its Portfolio Invested in 2 Artificial Intelligence (AI) Stocks - The Motley Fool - October 26th, 2025 [October 26th, 2025]
- OpenAI CEO slammed for comments about jobs that will eventually be replaced by Artificial Intelligence - UNILAD - October 26th, 2025 [October 26th, 2025]
- Putin, artificial intelligence, and the politics of manufactured sovereignty - The American Bazaar - October 26th, 2025 [October 26th, 2025]
- Artificial Intelligence is dangerous and it must be regulated - The Telegraph - October 26th, 2025 [October 26th, 2025]
- Scale AI Veteran Bilal Abu-Ghazaleh Launches 1001 With $9 Million To Rebuild The Physical World Through Artificial Intelligence - Yahoo Finance - October 26th, 2025 [October 26th, 2025]
- The Evolution and Promise of Artificial Intelligence for the Future of Work - Ideastream - October 26th, 2025 [October 26th, 2025]
- Nvidia Has 95% of Its Portfolio Invested in 2 Artificial Intelligence (AI) Stocks - The Globe and Mail - October 26th, 2025 [October 26th, 2025]
- Acronis Drives Cybersecurity And Artificial Intelligence As Strategic Pillars In Mexico - CRN Magazine - October 26th, 2025 [October 26th, 2025]
- What Are the 2 Top Artificial Intelligence (AI) Stocks to Buy Right Now? - Nasdaq - October 26th, 2025 [October 26th, 2025]
- MENU - ORDER AI Launches October 28, Advancing Healthy Dining Through Artificial Intelligence -- and Preparing for the Next Wave of AGI - PR Newswire - October 26th, 2025 [October 26th, 2025]