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
- Investors Are Underestimating This Incredibly Cheap Artificial Intelligence (AI) Stock. Buy It Before It Joins the $2 Trillion Club - Yahoo Finance - July 9th, 2026 [July 9th, 2026]
- How to Prepare Workers for Artificial Intelligence Disruption as Safety Nets Erode - Broadband Breakfast - July 9th, 2026 [July 9th, 2026]
- Government of Canada invests in artificial intelligence and remote sensing for climate-smart agriculture - Yahoo Finance - July 9th, 2026 [July 9th, 2026]
- Artificial Intelligence Today and Tomorrow in Laundry Operations (Part 2) - American Laundry News - July 9th, 2026 [July 9th, 2026]
- Purdue hosts a discussion about the future of artificial intelligence and how to safely interact with it - starcitytv.com - July 9th, 2026 [July 9th, 2026]
- Artificial Intelligence in the Detection, Characterization, and Management of Renal Masses: A Narrative Review - Cureus - July 9th, 2026 [July 9th, 2026]
- 3 Genius Artificial Intelligence (AI) Stocks to Buy Amidst the Selloff - Yahoo Finance - July 9th, 2026 [July 9th, 2026]
- Generative Artificial Intelligence (AI) in Teaching Market Report 2026: Global Analysis Projects 42.8% CAGR and $9.1 Billion Valuation by 2030 - Yahoo... - July 9th, 2026 [July 9th, 2026]
- Artificial Intelligence for the Diagnosis and Management of Neurodegenerative Diseases: A Comprehensive Review With an Emphasis on Parkinsons and... - July 9th, 2026 [July 9th, 2026]
- The AI-Augmented Scientific Congress Ecosystem (AISCE): Reimagining Scientific Congresses in the Age of Artificial Intelligence - Cureus - July 9th, 2026 [July 9th, 2026]
- Conversational Artificial Intelligence and Neuropsychiatric Risk: A Narrative Review and Case-Based Synthesis Proposing a Delusional Feedback Loop -... - July 9th, 2026 [July 9th, 2026]
- EU Action Plan on Cybersecurity and Artificial Intelligence - Industrial Cyber - July 9th, 2026 [July 9th, 2026]
- Stock of the Week: Seagate Technology. How an old technology found a new role in the era of artificial intelligence - XTB.com - July 9th, 2026 [July 9th, 2026]
- Where Medicine and Artificial Intelligence Converge - New York Institute of Technology - July 9th, 2026 [July 9th, 2026]
- Automation and artificial intelligence: the new competitive advantage for data-driven businesses - telefonica.com - July 9th, 2026 [July 9th, 2026]
- My line: No artificial intelligence was used in writing this column - Community Newspaper Group - July 9th, 2026 [July 9th, 2026]
- Investors Are Underestimating This Incredibly Cheap Artificial Intelligence (AI) Stock. Buy It Before It Joins the $2 Trillion Club - AOL.com - July 9th, 2026 [July 9th, 2026]
- From air conditioning to artificial intelligence: The companies profiting from the cooling business - EL PAS English - July 9th, 2026 [July 9th, 2026]
- Artificial Intelligence: Hollywood, ethics, and rights - KTVU - July 9th, 2026 [July 9th, 2026]
- Artificial Intelligence for the Detection of Small Bowel Lesions and Neoplasia: A Scoping Review - Cureus - July 9th, 2026 [July 9th, 2026]
- ENvue Medical Unveils Its First Robotic-Assisted, Artificial Intelligence, Feeding Tube Automation Tool - GlobeNewswire - July 9th, 2026 [July 9th, 2026]
- The First Half of 2026 Is Over. These 2 Spectacular Artificial Intelligence (AI) Stocks Can Soar in the Second Half. - Yahoo Finance - July 6th, 2026 [July 6th, 2026]
- The future is now: College of Computing & Artificial Intelligence officially launches - UWMadison News - July 6th, 2026 [July 6th, 2026]
- The Artificial Intelligence (AI) Memory Supercycle Is Getting Stronger. Here's How You Can Profit From This Boom With Less Than $100 - Yahoo Finance - July 6th, 2026 [July 6th, 2026]
- The Bronx Needs Real Nurses, Not AI! - NYSNA-Represented Nurses At Montefiore Hospital Sound The Alarm On The Medical Facilitys Plans To Replace... - July 6th, 2026 [July 6th, 2026]
- Stakk to Acquire US-Based Artificial Intelligence Firm for $63 Million Total Consideration - marketscreener.com - July 6th, 2026 [July 6th, 2026]
- Missed the First Wave of Artificial Intelligence (AI) Stocks? These 2 Aggressive Plays Are Your Second-Chance Buys - The Motley Fool - July 6th, 2026 [July 6th, 2026]
- 3 Core Artificial Intelligence (AI) Market Leaders to Buy with $1,000 Right Now and Hold for the Next 20 Years - Yahoo Finance - July 6th, 2026 [July 6th, 2026]
- The Artificial Intelligence (AI) Memory Supercycle Is Getting Stronger. Here's How You Can Profit From This Boom With Less Than $100 - The Motley Fool - July 6th, 2026 [July 6th, 2026]
- 5 Artificial Intelligence (AI) Stocks to Load Up On in July - The Motley Fool - July 6th, 2026 [July 6th, 2026]
- 3 Core Artificial Intelligence (AI) Market Leaders to Buy with $1,000 Right Now and Hold for the Next 20 Years - The Motley Fool - July 6th, 2026 [July 6th, 2026]
- This Artificial Intelligence (AI) Chip Giant Is a Profit-Making Machine. Its Latest Move Could Supercharge the Stock - The Motley Fool - July 6th, 2026 [July 6th, 2026]
- China's leading artificial intelligence (AI) apps, ByteDance's "The Bao" and Alibaba's "Q One," will.. - - July 6th, 2026 [July 6th, 2026]
- Meet the Major Artificial Intelligence (AI) CPU Player That Just Joined Nvidia, Tesla, and Palantir as One of the Most Popular Stocks on Robinhood -... - July 6th, 2026 [July 6th, 2026]
- Kinsler: Why artificial intelligence is not the end of the world - Lancaster Eagle-Gazette - July 6th, 2026 [July 6th, 2026]
- The Indian stock market, which was relatively marginalized from the artificial intelligence (AI) cra.. - - July 6th, 2026 [July 6th, 2026]
- Nvidia Believes Artificial Intelligence (AI) Capex Will Reach $3 Trillion to $4 Trillion by 2030. Here's Where Its Stock Price Could Go If It's Right.... - July 6th, 2026 [July 6th, 2026]
- New Bill: Senator Mark Kelly introduces S. 4916: Aging with Artificial Intelligence Act of 2026 - Quiver Quantitative - July 6th, 2026 [July 6th, 2026]
- Willow VC: Redefining the Future of Investing in the Age of Artificial Intelligence - FinancialContent - July 6th, 2026 [July 6th, 2026]
- The list of jobs most at risk from artificial intelligence is surprising, as it doesn't start with industrial robots, but rather with translators,... - July 6th, 2026 [July 6th, 2026]
- What to consider when adopting artificial intelligence on the farm - The Western Producer - July 6th, 2026 [July 6th, 2026]
- Micron Technology Has Fantastic News for This Artificial Intelligence (AI) Infrastructure Stock That Has More Than Doubled in 2026 - Yahoo Finance - July 6th, 2026 [July 6th, 2026]
- Meet the Artificial Intelligence (AI) Inference Stock That Could Deliver the Biggest Gains Over the Next 3 Years (Hint: It's not Nvidia or Broadcom) -... - July 1st, 2026 [July 1st, 2026]
- Artificial intelligence could usher in a new era of vaccine development - CIDRAP - July 1st, 2026 [July 1st, 2026]
- The Conditions That Turn AI Pilots Into Enterprise Value - Emerj Artificial Intelligence Research - July 1st, 2026 [July 1st, 2026]
- In an Age of Artificial Intelligence, RealTruck Puts a New Spin on A.I. in Campaign Celebrating America's 250th Anniversary - Yahoo Finance - July 1st, 2026 [July 1st, 2026]
- Safely Releasing Frontier Models to Customers | Artificial Intelligence - Amazon Web Services (AWS) - July 1st, 2026 [July 1st, 2026]
- Artificial-intelligence competition in Europe: the role of DMA Article 6(7) - Bruegel - July 1st, 2026 [July 1st, 2026]
- Independent Final Project Evaluation: Artificial Intelligence and Preventing and Countering Violent Extremism - Welcome to the United Nations - July 1st, 2026 [July 1st, 2026]
- How Artificial Intelligence is impacting employment and transforming the global labor market - Telefnica - July 1st, 2026 [July 1st, 2026]
- The Pursuit of a More Perfect Union in the Age of Artificial Intelligence - Built In - July 1st, 2026 [July 1st, 2026]
- The Constitution Never Anticipated Artificial Intelligence - The Washington Stand - July 1st, 2026 [July 1st, 2026]
- Artificial Intelligence Will Not Save the SDGs on Its Own Policy Has to Catch Up First - United Nations University - July 1st, 2026 [July 1st, 2026]
- Artificial Intelligence in Agriculture Market Size to Hit USD 24.55 Billion by 2035 | SNS Insider - Yahoo Finance - July 1st, 2026 [July 1st, 2026]
- The Evolution of Artificial Intelligence in Oncology: Impact on Trials, Workflows, and Outcomes - CancerNetwork - July 1st, 2026 [July 1st, 2026]
- Students Turn to Artificial Intelligence for Standardized Test PrepExperts Give Warning - EIN Presswire - July 1st, 2026 [July 1st, 2026]
- Unlocking the power of artificial intelligence at airports - Airport World - July 1st, 2026 [July 1st, 2026]
- Bailey campaign embraces artificial intelligence in new era of politics - Capitol News Illinois - July 1st, 2026 [July 1st, 2026]
- Is Artificial Intelligence Safe for Humanity? Wisconsin Comedian Charlie Berens Asks the Question in Kenosha - WGTD - July 1st, 2026 [July 1st, 2026]
- It's been 25 years since 'A.I. Artificial Intelligence', and we think this was peak Spielberg sci-fi - Space - July 1st, 2026 [July 1st, 2026]
- Artificial intelligence and access to justice in fragile and conflict-affected situations (June 2026) - ReliefWeb - July 1st, 2026 [July 1st, 2026]
- AI Expert Susan Frew Urges Businesses to Transform Operations, Not Fear Artificial Intelligence - Pest Control Technology - July 1st, 2026 [July 1st, 2026]
- KPMG ran an internal exam to certify staff on the ethical use of artificial intelligence 28 employees were caught using artificial intelligence to... - July 1st, 2026 [July 1st, 2026]
- Investors Are Getting Another Great Opportunity to Buy This Incredible Artificial Intelligence (AI) Stock Right Now - The Motley Fool - June 26th, 2026 [June 26th, 2026]
- Vice-Chancellor receives one of artificial intelligence's highest international honours - Loughborough University - June 26th, 2026 [June 26th, 2026]
- Astrobiology In The Time of Artificial Intelligence - astrobiology.com - June 26th, 2026 [June 26th, 2026]
- Voices of microbiome researchers in an artificial intelligence era - Nature - June 26th, 2026 [June 26th, 2026]
- OPINION: Appreciating the 10% difference in the age of artificial intelligence - Nebraska Examiner - June 26th, 2026 [June 26th, 2026]
- Here's how artificial intelligence is shaping this election season - WUSF - June 26th, 2026 [June 26th, 2026]
- Micron Just Broke the Mold for Artificial Intelligence (AI) and Its Stock is Soaring - Yahoo Finance - June 26th, 2026 [June 26th, 2026]
- The Artificial Intelligence Opportunity Beyond Big Tech: 3 Healthcare Stocks to Watch - Yahoo Finance - June 26th, 2026 [June 26th, 2026]
- 3 Impressive Artificial Intelligence (AI) Stocks You Should Buy Right Now - Yahoo Finance - June 26th, 2026 [June 26th, 2026]
- The Reverse Centaurs Guide to Life After AI by Cory Doctorow review the real price of artificial intelligence - The Guardian - June 22nd, 2026 [June 22nd, 2026]
- Can robots and artificial intelligence solve the issue of a skilled generation nearing retirement? - Pittsburgh Post-Gazette - June 22nd, 2026 [June 22nd, 2026]
- Stack battles: the US-China artificial-intelligence rivalry is moving beyond chips alone - Bruegel - June 22nd, 2026 [June 22nd, 2026]
- Could Broadcom Be the Best Way to Invest in Artificial Intelligence Right Now? - The Motley Fool - June 22nd, 2026 [June 22nd, 2026]
- Frost & Sullivan spotlights Artificial Intelligence Technology Solutions in Physical AI Security discussion - TradingView - June 22nd, 2026 [June 22nd, 2026]
- Artificial Intelligence in Education: Basque Teachers' Perspective - diarioeuskadi.eus - June 22nd, 2026 [June 22nd, 2026]
- Artificial Intelligence: How Machines Are Quietly Learning to Think - vocal.media - June 22nd, 2026 [June 22nd, 2026]
- 2 Magnificent Artificial Intelligence (AI) Stocks to Buy and Hold for the Next 20 Years - Yahoo Finance - June 22nd, 2026 [June 22nd, 2026]