About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


15 Am. J. Mediation 43 (2022)
Your Artificial Mediator Is Ready for You Now: The Role of Artificial Intelligence in Conflict Resolution

handle is hein.journals/amjm15 and id is 49 raw text is: Your Artifcial Mediator Is Ready For You Now: The Role of Artificial Intelligence in Conflict Resolution Your Artificial Mediator Is Ready For You Now: The Role of Artificial Intelligence in Conflict Resolution By: Linda Foit Artificial Intelligence (AI)-based technologies are increasingly used to assist human users in facilitating alternative dispute resolution proceedings, including mediation. This paper examines the variety of benefits that AI can bring to the (mediation) table as well as current and anticipated uses of AI in mediation. After discussing some of the technological and ethical challenges of applying AI to the mediation process, this paper provides recommendations as to how AI systems can be used most effectively in the context of mediation. 1. Introduction Mediation is a consensual process in which an impartial and neutral third party assists the parties to a dispute in negotiating their issues.' Settlement agreements arising from mediations are often legally binding.2 Over time, a variety of different approaches to mediation have been developed. The most popular mediation models are facilitative, evaluative, and transformative mediation, although mediators often use a blend of these techniques or switch between different approaches in the course of the mediation.3 Facilitative mediators provide a structured environment that helps the parties identify the issues underlying the dispute and develop a mutually beneficial compromise that takes into consideration the parties' interests and needs.4 The facilitative mediator is relatively hands-off and does not offer solutions, legal 1 See Mediation Defined: What is Mediation?, JAMS, https://www.jamsadr.com/mediation-defined/ (last accessed at Apr. 18, 2022). 2 See DOUGLAS N. FRENKEL & JAMES H. STARK, THE PRACTICE OF MEDIATION 322 (3rd ed. 2018). 3See id. at 78-79. 4 See JACQUELINE NOLAN-HALEY, GLOBAL ISSUES IN MEDIATION 13 (1st ed. 2019). 43