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Role Of Artificial Intelligence In Harnessing Dispute Resolution Mechanisms

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ROLE OF ARTIFICIAL INTELLIGENCE IN HARNESSING

DISPUTE RESOLUTION MECHANISMS

Binitha M Abi, (LLM) in Corporate and Commercial Law, School of Law, Christ University, Bengaluru

ABSTRACT

“Technology is here to stay for the future, forever. ” - Justice DY Chandrachud Artificial Intelligence and technology have a profound impact on legal services and the growing recognition of AI is a game -changer. The Supreme Court Vidhik Anuvaad Software (‘SUVAS’) demonstrates the shift towards the embrace of legal technologies and tools in dispute resolution mechanisms. The continues advancement in AI offers more and new possibilities for resolving the disputes by transforming the dispute resolution arbitration and the mediation practices. The progression from the traditional dispute settlement mechanism to the Online Dispute Resolution (‘ODR’) and using AI can greatly improve the accessibility and user experiences. Even for India the potential for the applications of AI is vast and it continues to expand by transforming the way disputes are resolved .

The NITI Aayog Expert committed report on ODR (2021), recognized the benefits of ODR and the role of AI in achieving the same, and it is been noted that this mechanism is to supplant but not to eliminate the existing model of dispute resolution mechanism. The present study explores the role of AI in existing dispute resolution mechanism ,including ODR . Consequently, it analyses the potential benefits and the challenges of this intersection by discussing the ethical as well as the legal considerations that could arise . The researcher employs doctrinal study and analytical, and exploratory method is employed to deduce the finding of this research. This study contends that Using AI in the dispute resolution mechanism significantly enhances the efficiency of dispute resolution mechanism and legal profession. Keywords: AI, Dispute Resolution Mechanism, ODR, Technology, Legal Regulations.

1. Introduction

The idea or the concept of the machines thinking like humans has a way back long history, with the philosophers as far back to the 1700s writing. However, the possibility came to reality in 1950s,when The Artificial Intelligence (“AI”) was invented by two computer scientist Alan Turing and John McCarthy. 1From there over the time AI had grown through research and development ,contributing to numerous advancements including the digital personal assistants which we use today. Focusing on Arbitration, it has emerged as a vital pillar in modern resolution mechanisms offering sophisticated and effective alternatives to resolve the commercial disputes, Justices B. N Agrawal of the supreme court of India, has aptly discussed the very essence of arbitration, that it is not just a speedy but also an efficient and an inexpensive mode of resolving the disputes.

2As said, AI continues revolutionizing industries it influences is reaching the arbitration as well. The Supreme Court of India has been using the Supreme Court Vidhik Anuvaad Software (“SUVAS”),an AI based translation tool ,for translating English legal documents into nine different local languages and vice versa. This SUVAS has been proven to be an efficient tool and a successful effort by the Indian court to introduce the AI to the legal domain. The aim of SUVAS is having a transparent system, and to increase access to justice by making the judgments available in the regional languages. 3 NITI Aayog’s ODR report acknowledges the AI potential and integration online dispute resolution mechanisms, when the traditional notions of dispute resolution faces challenges like COVID19 pandemic. These challenges can be neutralized through these technologies.

The pandemic has necessitated the adjustments that are the adaptive and innovative, including those in the dispute resolution ecosystems. Across the globe both dispute resolution centers and the judiciaries have welcomed the technologies and released the guidelines to facilitate the video conferencing led remote participation in hearings. Within the realms of the Alternative Dispute Resolution, Online Dispute Resolution (ODR) is an emerging dispute resolution tool. Furthermore, there is a rise of ODR, the use of AI systems in dispute resolution grown 1History of AI: Timeline and the Future, Maryville University Online, https://online. maryville. edu/blog/historyof-ai/#:~:text=However,%20the%20possibility%20came%20to,the%20Turing%20Test%20in%201950 (last visited Oct. 10, 2024).

2 Bharat Aluminium Company vs Kaiser Aluminium Technical Services Inc, (2012) 9 SCC 552.

3NITI Aayog’s ODR report, https://www.niti.gov.in/sites/default/files/2023-03/Designing-The-Future-of- Dispute-Resolution-The -ODR-Policy-Plan-for-India.pdf.

significantly. AI can be used in many ways.4

2. Artificial Intelligence(AI)

Artificial Intelligence is the technology that enables computers and the machines to stimulate the human learning, comprehension, problem solving, decision making, creativity and the autonomy. 5In 2024 most of the AI are Generative AI (“Gen AI”) technology that can create original text, videos images and other contents. These generative AI tools are built on Machine Learning (“ML”) and deep learning’s shown in the below image (Figure1) AI is derivate concept that have emerged over more than 70 years. 6 Figure 1 AI is the backbone of the innovations in modern computing, unlocking the values for individuals and business. An example for the same is the Optical Character recognition(“OCR”) . OCR uses AI to extract the data and texts from an image and the documents, turns the unstructured content into business ready structure and provide valuable insights. 7 4 David Carneiro et al.

Online dispute resolution: an artificial intelligence perspective. Artif Intell Rev 41, 211,212 (2014). https://doi. org/10. 1007/s10462-011-9305-z. 5 IBM, What Is Artificial Intelligence (AI)? | IBM, IBM - United States, https://www. ibm. com/topics/artificialintelligence (last visited Oct 10th, 2024).

6 Id.

7 Google Cloud, What Is Artificial Intelligence (AI)?

2.1 Types of Artificial Intelligence :8

Commonly four stages of AI development are recognized:

2.1.1 Reactive Machines:

There is limited AI that will be only reacting to different kinds of the stimuli based on preprogrammed rules. As this AI do not use memory and thus cannot learn with the new data. 2.1.2 Limited Memory: Most of the modern AI considered to be limited in memory . It can use the memory to improve over the time by being trained with the new data through a training model like the artificial neural network. 2.1.3 Theory of mind: Theory of mind AI currently does not exist ,but the researches are ongoing into the possibilities AI that can emulate the human minds and do have the decision capabilities that of a human. 2.1.4 Self-aware: This is one step ahead of theory of mind AI, the self-aware AI describes a machine that is aware of its own existence and do have the intellectual and emotional capacity of a human. Like the theory of mind, the self-aware AI does not exist currently.

2.2 Significance of Artificial Intelligence in the Legal Industry

The earliest efforts to apply AI in the legal context could date back to 1970.9 In the current era it has to easier to accept that the AI tools can be practical as contrary to the autonomous systems that could engage legal decision making on advanced or philosophical level, AI-powered tools can help in automated legal research, predicting the case outcome, streamlining the document analysis and can assist the judges in sentencing and risk assessment. Furthermore, the AI can https://cloud.google.com/learn/what-is-artificial-intelligence (last visited Oct. 13, 2024).

8 Id.

9 A.R. Lodder & J. Zeleznikow, Developing an Online Dispute Resolution Environment: Dialogue Tools and Negotiation Support Systems in a Three-Step Model, HARVARD NEGOTIATION LAW REVIEW,10, 287, 296. 2005

be used to provide the online dispute resolution platforms and virtual assistance. These can make the judicial system more accessible to individuals and business. 10 AI can be used to have a streamlined analysis and review of the legal documents such as the contracts, the court records and the evidences which are time-consuming and labor-intensives tasks. 11It is important to have an understanding of strength and weakness of a case handled by a lawyer, the predictive capability of the AI enables the lawyers to assess the strength and the weakness of their cases early on and helps in facilitating the informed decision making and the strategy development. 12 On 17 May 2024, The Council of Europe (CoE) has adopted the first ever international binding treaty at the annual meeting of Ministers at Strasbourg.

13The Framework of the EU Convention lies at the intersection of the Artificial Intelligence (AI), human rights and the rule of law. 14 The below figure (Figure 2)15 offers an overview of AI usage in professional services, how GenAI has already impacted the legal industry, and what the future might hold for law firms following the impact of widespread GenAI adoption. 16 10Harshit Thareja, Making Justice Accessible and Affordable for All, Making Justice Accessible and Affordable for All, https://www. lawyered. in/legal-disrupt/articles/impact-artificial-intelligence-our-judicial-system (last visited Oct. 13, 2024). 11LexisNexis, AI-Powered Legal Document Review: A Guide , https://www. lexisnexis. com/community/insights/legal/b/product-features/posts/an-attorneys-guide-to-aipowered-legal-document-review? srsltid=AfmBOorEHa7u_0Jv_xXt9llpov0AzJCfs64zEn_xkVOjsll6eI-65cDV (last visited Oct.

13, 2024). 12 R. S. Verma & N. R. Ratha, Predicting Case Outcomes in Legal Domain: A Survey, in Proceedings of the 2nd International Conference on Trends in Electronics and Informatics (ICOEI), Chennai, India, 926-930 (2019). 13Anulekha Nandi, The first international AI treaty: Progress with caveats, https://www. orfonline. org/expertspeak/the-first-international-ai-treaty-progress-with-caveats (May2024), https://www. orfonline. org/expertspeak/the-first-international-ai-treaty-progress-with-caveats.

14 Id.

15 European Legal Technology Association

16 Topic: AI use in the legal services industry, Statista, https://www.statista.com/topics/12085/ai-usage-in-thelegal-services-industry/ (last visited Oct. 20, 2024).

Figure 2 Frequency of using generative artificial intelligence (GenAI) at law firms worldwide in 2023 Frequency of using GenAI at law firms worldwide 2023 45% 42% 40% 35% 30% Share of respondents 24% 25% 20% 17% 15% 13% 10% 4% 5% 0% Daily Weekly Monthly Seasonal Yearly Description: In 2023, most lawyers were using generative artificial intelligence (GenAI) on a weekly basis. Almost one quarter of respondents stated they were using GenAI daily, whereas only four percent used GenAI once a year.Read more Note(s): Worldwide; June to July 2023; 234 legal professionals Source(s): European Legal Technology Association

3. Artificial Intelligence and Dispute Resolution

The rise of the Artificial Intelligence(AI) tool including the ChatGPT and Open AI has touched the world of dispute resolution and negotiations on many ways . AI has even led to disputes that how the chatbots have been trained and used in the procurement and as the coaches in negotiations. 17The AI tool Co-Counsel is a trained OpenAI to analyze the documents and to complete others tasks for the legal practitioners. 18 In addition, the use of AI could theoretically can make ADR methods including mediation to be more impartial by helping to correct the biasness that could affect the human decision making. Because Artificial Intelligence systems are not influenced by the personal biases or 17 Katie Shonk, AI Mediation: Using AI to Help Mediate Disputes, PON - Program on Negotiation at Harvard Law School, https://www. pon. harvard.

edu/daily/mediation/ai-mediation-using-ai-to-help-mediate-disputes/ (last visited Nov. 24, 2024). 18Thomson Reuters, Meet Co Counsel—the world’s first AI legal assistant, https://www. thomsonreuters. com/en/press-releases/2024/february/thomson-reuters-launches-cocounsel-corelegal-gen-ai-assistant-in-canada-and-australia. html (last visited Nov. 24 2024).

the emotions, the system are less likely to make decisions bases on the subjective factors.19 There are two kinds of AI i.e. strong and weak. The weak AI has the human abilities to think but it does not learn on its own and uses only the preprogrammed human abilities to function. On other hand the strong AI can independently think and reasons like the humans.20 The basic purpose of using the AI in the resolution disputes as follows 21

3.1 Amplification of the process:

The best time for the use of the artificial intelligence at the start session’s ,machine may be able to answer the concerns and solve the uncertainties about how the ADR procedure will work. A robotic machine unlike human may repeat the same content several times without becoming irritable

3.2 Cost -Effectiveness:

Once the AI is operational, it will be far less expensive alternative that the traditional human based solution.

3.3 Time-saving:

On of the main goals of ADR of save time when compared to litigation .Lawyers, are frequently on the other hand, are frequently saddled with never ending documentation and the research work must be completed in a very short amount of time .

3.4 No Scope for bias and errors:

Artificial intelligence can help to eliminate the deficiency in the arbitration process by the using it at various stage or in different roles. The mistakes in the terms of comprehension , translation, 19 Miles Mediation & Arbitration, Artificial Intelligence (AI) and Mediation: Technology-Based Versus Human- Facilitated Dispute Resolution | JD Supra, JD Supra, https://www.jdsupra.com/legalnews/artificial-intelligenceai-and-1573917/ (last visited Oct. 20, 2024). 20 Pros And Cons Of Artificial Intelligence In ADR | VIA Mediation Centre, VIA Mediation Centre | Arbitration| Mediation |Conciliation Services, https://viamediationcentre.org/readnews/NTE5/PROS-AND-CONS-OF-ARTIFICIAL-INTELLIGENCE-IN-

ADR

(last visited Oct. 26, 2024). 21 Sarita & Harsh Kumar, Mediation and Artificial Intelligence: Future of Dispute Resolution, 4 INT'l J.L. MGMT. & HUMAN. 1472 (2021).

documentation ,authority selection, decision-making and so forth can be avoided . The increase in the globalization and the complex nature of the business transactions has become very much essential to adapt to advanced technologies in order to meet the demands of the modern world. The Technologies capability is the block chain-driven arbitration mechanism for the smart contract which can also save the time. 22The smart contract drafted through the computer code can use the technology to automatically enforce by transferring the rights and obligations. These contracts are typically used to automate the execution of an agreement so that all the participants can immediately know the outcomes ,without any third party or intermediaries’ involvement or any time loss. They can also do automate a workflow ,by triggering the next action when predetermined conditions are met.

23The most form of technology in dispute resolution is the Online Dispute Resolution(“ODR”). 24ODR do represents the combinations of the modern technology with the current ADR techniques and It has become prominent over the last few decades.

4. Online Dispute Resolution Mechanism

Online Dispute Resolution has grown since 1990.The first use of ODR began in the United States of America and embraced by many companies.25 Thereafter, it has become wide spread. It was first used by e-bay ,the square trade portal, cyber settle and other commercial service providers.26 By 2002, the governments started to move to ODR as the efficiency of the resolving disputes were enhanced and burdens if the courts were reduced.27ODR has the parallels with the offline conciliation as well as of the arbitration, however the data 22León Lanis V, Online Dispute Resolution (ODR): A Blockchain-Based Approach, , https://www.linkedin.com/pulse/online-dispute-resolution-odr-blockchain-based-approach-harris-gomez/.(last visited Nov. 24, 2024).

23 IBM, What Are Smart Contracts on Blockchain? | IBM, IBM - United States,

https://www.ibm.com/topics/smartcontracts#:~:text=Smart%20contracts%20are%20typically%20used,when%2 0predetermined%20conditions%20are%20met (last visited Nov. 26, 2024).

24 Karolina Mania, Online dispute resolution: The future of justice, INTERNATIONAL COMPARATIVE

JURISPRUDENCE 1 76, 77(2015)

http://dx.doi.org/10.1016/j.icj.2015.10.006. 25 Dave Orr, Colin Rule, ‘Artificial Intelligence and the Future of Online Dispute Resolution’ SANTA CLARA HIGH TECHNOLOGY LAW JOURNAL 10, (2017).

26 Faye Fangfei Wang, Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China (2010).

27 Ethan Katsh et.al ,E-Commerce, E-Disputes, and E-Dispute Resolution: In the Shadow of eBay

Law, OHIO STATE JOURNAL ON DISPUTE RESOLUTION Vol15(3) 705 ,732(2000).

coordination’s and management tools used in the ODR process that pertains to all or part of the procedures have an effect on the techniques used to resolve conflicts. 28 In the era of advanced-technological developments, innovations and e-commerce ,dispute resolution has found new and innovative way by using the technology to solve the conflicts. 29ODR may be designed for the use of communication and the information technologies, to help the people to resolve and to prevent the disputes. 30It is a faster and more efficient mode of pursuing the ADR.

ODR is a mechanism for resolving disputes through the use of electronic communications and other information and communication technology31An ODR platform is referees to the system which enables the use of a technology to enable the dispute resolution process for generating, sending, receiving, storing exchanging or otherwise processing communications by also ensuring data security. 32 ODR is common with the principles of ADR mechanisms such as the negotiation, mediation and the arbitration. 33 In India there were an overarching consensus of adaption of ADR In fact Justice D. Y Chandruchud, which headed the e-committee of the supreme court has observed :34“In the wide variety of litigation that comes before every court, there is a confluence of the very substantive and not very small, but important, disputes which don’t have to come before the court.

Cases like motor accidents claims, cheque bouncing cases, personal injury claims and issues such as this may be dealt with by ODR. The ODR initiative by NITI Aayog is commendable and the draft report is meticulously compiled. This is a unique analysis of the interface between dispute resolution and technology and its prospects in India. ”

5. A Game-Changer for Dispute Resolution.

As discussed, the recent development in Artificial Intelligence and data science has helped the

28 Maliha Saifullah, “Using E-Mediation and Online Mediation Techniques for Conflict.”

https://www.mediate.com/articles/safiullah-emediation.cfm (last visited Oct 26 , 2020). 29 Ethan Katsh & Orna Rabinovich-Einy, Digital Justice: Technology and the Internet of Disputes (2017). 30Sarita & Harsh Kumar, supra note 21.

31UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW

|, https://uncitral.un.org/sites/uncitral.un.org/files/mediadocuments/uncitral/en/v1700382_english_technical_notes_on_odr.pdf (last visited Oct. 26, 2024).

32 Id.

33 Snidha Mehra & Anil Rathore, Arbitration, Mediation & Negotiations: The Digital Way, LIVE LAW,

https://www.livelaw.in/law-firms/articles/arbitration-mediation-negotiations-digital-way-174483 (last visited Oct. 26, 2024),.

34 NITI AAYOG PUSHES FOR ONLINE DISPUTE RESOLUTION FOR SPEEDY ACCESS TO JUSTICE, NITI

Aayog, https://pib.gov.in/PressReleasePage.aspx?PRID=1776202 (last visited Oct. 26, 2024).

researchers to develop proactive tools that could forecast how the courts will rule the case in hand and to determine the odds of the winning. 35Having the tools to avoid the disputes and to assess the strength of claim more effectively will help courts in reducing the backlogs Ans lead to greater access to the justice. 36 The data driven models must be trained to use both legal and the negotiation data of the can produce useful results. The cutting e-edge innovators in AI research are now inventing deep learning models for the law and for the negotiations in order to develop a comprehensive dispute resolution system that is capable of understanding the legal concepts. 37The cutting - edge data scientists and the AI researchers have not yet completely explored in analyzing the pre-trial stages of settlement and negotiation agreements.

The Alternative Dispute Resolution including ADR and ODR is not intended to be a substitute for the court litigation, it is a meaningful alternative . Till now, the negotiators have not been able to make the use of relevant negotiations precedents, the data driven model that relies on the traditional similarity mechanisms would help to fill the deficits. 38 The Assistive Technologies in AI can support the ADR process ,inform or make the recommendation to be neutral. The use of these technologies can expedite and improve the ADR outcomes by the elimination of the administrative as well of the procedural impediments. And equip the neutrals with the information’s resources that they can make accurate and informed decisions.

39The Automated Systems in AI can also help in improving the access to justice for the litigants who are self-represented offering them the real-time, inexpensive legal advices and explanations. 40The Expert systems which are the computer programs that are capable of functioning at level an sometime even higher than the human expertise in the given fields, can help in automating simpler tasks and allow the legal practitioner to work more

35 Lettieri, N et.al, The legal macroscope: Experimenting with visual legal analytics. INFORMATION

VISUALIZATION 16(4), 332-345. https://doi.org/10.1177/1473871616681374 (2017). 36Thomson Reuters, Will AI Transform Dispute Resolution as We Know it?, https://mena.thomsonreuters.com/en/resources/legal/articles/2021/will-ai-transform-dispute-resolution-aswe-know-it.html (last visited Oct. 26, 2024).

37 J. Zeleznikow, “Can Artificial Intelligence and Online Dispute Resolution Enhance Efficiency and

Effectiveness in Courts” IJCA 39–40 (2016) 38 M. S. Abdel Wahab et al., Online Dispute Resolution: Theory And Practice: A Treatise On Technology And Dispute Resolution, ELEVEN INTERNATIONAL PUB 342 (2012); K. P. Sycara, Machine Learning for Intelligent Support of Conflict Resolution, DECISION SUPPORT SYSTEMS 121(10)(1993); I. Marsa- Maestre et al., “From Problems to Protocols: Towards a Negotiation Handbook” DECISION SUPPORT SYSTEMS 60(39) (2014). 39Ryan Abbott & Brinson S. Elliott, Putting the Artificial Intelligence in Alternative Dispute Resolution: How AI Rules Will Become ADR Rules, AMICUS CURIAE 685(4) (2023). 40 de la Rosa et.al ,Making Intelligent Online Dispute Resolution Tools Available to Self-Represented Litigants in the Public Justice System, Presented at ICAIL 21, Sao Paulo, Association for Computing Machinery (2021).

efficiently. These expert systems are used in wide range of domains including in the field of medicines, accounting, human resources, financial services of the process controls. The use of AI in the ODR process has the potential to enhances the legal remedies, that can also make use of the automated processes in the dispute resolution is not a distant concept. 41 AI can help in providing the modern devices for the lawyers to become better in litigation and to advertise clients in a better manner. 42There are many legal startups that uses AI for research works and the number is growing, even some of them have their own labs for Artificial Intelligence. 43 It may even be considered as a malpractice not to use Artificial intelligence one day and would be analogous to a lawyer in the late 20th century stuck doing everything by hands when this person could use a computer.

44However AI is not going to replace the necessity and need for the critical thinking, there will be need of lawyers ,but the challenge would be understanding the algorithms and AI enough to know what question to ask 45 The Legal AI could help the lawyers to quickly brief through the volumes of case law and help in aggregate and summarize that data in a more meaningful way. Because AI and the machine learning technologies can go through so much more legal data than a human can and can have qualified legal research. 46Also the litigation analytics helps the lawyers to now and to decide whether they should file a motion can help lawyers in aggregating the data and provide an answer in seconds.

47 International Arbitration and Mediation Centers like the Silicon Valley Arbitration & Mediation Centre(SVMAC) AI Task forces guidelines on the Use of Artificial Intelligence in Arbitration 41Alessa & Hibah, The Role of Artificial Intelligence in Online Dispute Resolution: A Brief and Critical Overview, INFORMATION &

COMMUNICATIONS

TECHNOLOGY

LAW 31

(3): 319–42. doi:10.1080/13600834.2022.2088060(2022) 42 Mirza Aslam Beg, Impact of artificial intelligence on Indian legal system, Legal Service India - Law, Lawyers and Legal Resources, https://www.legalserviceindia.com/legal/article-631-impact-of-artificial-intelligence-onindian-legal-system.html (last visited Nov 02, 2024).

43 Id.

44 Neil Sahota, Will A.I. Put Lawyers Out of Business? Cognitive World Contributor Group and an

IBM Master Inventor, United Nations (UN) Artificial Intelligence (AI) Advisor, Professor at UC Irvine, and author of the Book on A.I, (2019) [https://www.forbes.com/sites/cognitiveworld/2019/02/09/will-a-i-putlawyersout-of-business/?sh=1632b3663If0] (last visited Nov 02,2024).

45 Id.

46Bloomberg Law, How is AI changing the legal profession, https://pro.bloomberglaw.com/insights/technology/how-is-ai-changing-the-legal-profession/#how-technologyis-changing-the-legal-field (last visited Nov 02, 2024).

47 Id.

and Dubai International Arbitration provides new guidance to help in navigating the AI’s potential or the inherent risks. 48 In Singapore International Arbitration Centre (“SIAC”) for the document management to support the parties and scheduling on “SIAC online” ,AI is used . This will help the parties to find the information they do require and classify them according to relevance through AIQ, the questionnaire mechanism is used to record the history of decisions, case management and the AI reports. 49According to the computer scientists ,through adequate quantity of data and well-designed algorithm, a well-trained computer has the potential to produce an arbitral award in near future. 50 The use of Chatbot could help in generating Non-Disclosure Agreement that could support the small-scale entrepreneurs who may not be in a position to afford a lawyer.

51 Chatbots can be describes as the computer programs designed to interact with humans using the natural language usually over the internet. A chat bot is programmed to a set of prewritten responses to the specific users’ inputs using a rule-based approach. 52Also the chat bots can be used to conduct the introductory surveys for identifying the problem the client is facing, citing the necessary law and regulations, review contract and etc. By integrating the natural language processing capabilities of the advanced Chatbots and can provides the parties seamless and efficient dispute resolution. However, as Algorithms are complex. It is hard to imagine now a legal chatbot to provide an advice or assist a client from start to finish including representing a client in court or panel and walking the client through the difficulties of the process.

Furthermore, it is significant to acknowledge that completely relying on technologies like the chat bots may also do possess certain risks. While they do capable of proving a natural language, these technologies may not have been trained on specific legislations of a particularly country or the region. It is crucial to ensure that the Chatbot knowledge is properly trained and updated to reflect the relevant laws. 48AI’S VALUE IN DISPUTE RESOLUTION IS GROWING – BUT KEEP YOUR HUMAN BRAIN ENGAGED,

https://www.dentons.com/en/insights/articles/2024/february/19/ais-value-in-dispute-resolution-is-growing-butkeep-your-human-brain-engaged (last visited Nov 05, 2024).

49 Will AI Transform Dispute Resolution as We Know it?, Home | Middle East & North Africa |Thomson

Reuters, https://mena.thomsonreuters.com/en/resources/legal/articles/2021/will-ai-transform-dispute-resolutionas-we-know-it.html (last visited Oct. 26, 2024). 50 Paul B et.al, Artificial Intelligence and Arbitration: The Computer as an Arbitrator—Are We There Yet? , Dispute Resolution Journal, Vol. 74(4) p. 35. (2019) 51Id.

52TECHNOLOGY AND THE FUTURE OF ONLINE DISPUTE RESOLUTION

( https://unctad.org/system/files/official-document/tcsditcinf2023d5_en.pdf (last visited Nov 20, 2024).

6. Suggestion and Conclusion

For Artificial Intelligence to really make its mark in India's dispute handling, an all-rounded approach has to be devised. It involves a critical three-part plan the government needs to embrace immediately. Firstly, there must be an all-encompassing set of policies regarding the applications of AI in various legal contexts to ensure these applications are based on ethical standards and overcome biases. Moreover, AI must be integrated into the existing legal processes without losing transparency and accountability. This mechanism can increase public awareness and understanding of mechanisms of AI and Online Dispute Resolution. Campaigns demystifying AI technologies and showing their benefits in improving access to justice by making access easier and more streamlined processes in the dispute resolution process should be addressed to both legal professionals and the general public.

There is essential investment in training in acquiring skills for efficient use of AI tools. AI training into the curriculum will help future lawyers to better take advantage of such technologies in their practice. 53 The interplay of technology developers with experts in law will create specific AI solutions in answer to specific needs of the Indian legal landscape. Such AI applications should be tested with pilot tests to test them in real-life situations so that their appropriation by stakeholders would come up with the challenges that may be encountered in their generalization. Second, continued monitoring and evaluation of AI systems used in dispute resolution will ensure their relevance and effectiveness in changing societal needs.

These strategies would enhance efficiency, accessibility, and equality within the Indian legal system, thereby greatly enhancing the use of AI in its dispute resolution methods. In conclusion, The integration of AI into mechanisms for the purpose of dispute resolution would hence be a phenomenal phenomenon in the Indian legal landscape whereby all the participants shall be working efficiently and best accessed. Recent initiatives by the Supreme Court, like its Supreme Court Vidhik Anuvaad Software (SUVAS),54illustrate how AI can bring transparency in access to justice through removing language barriers. One of the major takeaways from the NITI Aayog report on ODR is that technology is a pre-requisite to meet the challenges contemporary to the traditional ways of dispute resolution.

However, in order to bring this potential into realization, every kind of stakeholders involved such as governmental

53 R. S. Verma & N. R. Ratha, Supra n 12

54 NITI Aayog’s ODR report, Supra n 3

bodies, legal professionals, technologists, and the public at large must put ethical considerations first and create an environment that favors innovation. Effective regulatory frameworks, investments in education and training, and efforts to stimulate intersectoral exchange can ensure the effective use by India of the opportunities AI has opened to create a fairer more efficient system of dispute resolution. So, the future of dispute resolution in India will be the enlightenment of a harmonious blend between human expertise and technological advancement towards making the legal system more accessible and just to all its citizens. As Justice AS Oka quoted “Only by technology, we cannot improve our courts. When there is so much pendency in courts even government organs have a role."