Putting the Artificial Intelligence in Alternative Dispute Resolution

Abstract

This article argues that the evolving regulatory and governance environment for artificial intelligence (AI) will significantly impact alternative dispute resolution (ADR). Very recently, AI regulation has emerged as a pressing international policy issue, with jurisdictions engaging in a sort of regulatory arms race. In the same way that existing ADR regulations impact the use of AI in ADR, so too will new AI regulations impact ADR, among other reasons, because ADR is already utilizing AI and will increasingly utilize AI in the future. Appropriate AI regulations should thus benefit ADR, as the regulatory approaches in both fields share many of the same goals and values, such as promoting trustworthiness. Keywords: artificial intelligence; online dispute resolution; alternative dispute resolution; regulation; governance; trustworthiness; transparency; fairness; diversity; explainability.