As already anticipated in the European Commission White Paper on Artificial Intelligence (AI)AI is developing at great speed in a multitude of fields and sectors, showing itself as a master key to open a new, more connected world, but at the same time full of challenges and new approaches that could transform our societies and challenge the meaning of being. human.
In this sense, artificial intelligence is understood as “the science of computing that deals with the automation of intelligent behavior”. (Lugar and Stubblefied, 1993), although it is interesting to highlight at this point some other significant reflections, among them those of the author Alan Turning, precursor of AI and father of computing: “A machine can be considered intelligent if it manages to deceive a person by making them believe that he is a human being.
A key idea emerges from all the definitions and it is the possibility that artificial intelligence develops behaviors similar to humans and even more complete as well as complex in the various spheres and areas of society. However, for this to happen, an evolution and impulse are required for its implementation. This leads us to ask ourselves a fundamental question: are we prepared to apply artificial intelligence in the extrajudicial resolution of conflicts?
Regarding the extrajudicial field of conflict resolution, it should be noted that not all online conflict resolution platforms use AI to manage the conflict between the parties. An example of this can be analyzed with the ODR platform offered by the European Commissiondedicated to the resolution of online disputes and whose purpose is to help consumers and merchants to solve conflicts related to purchases of contracted products and services on-line.
However, among the platforms that use proprietary optimization algorithms to achieve fair and efficient solutions in conflict management we find, for example, Smart Settle ONEwhich uses algorithms to motivate the parties in conflict to collaborate and reach the best possible agreement through suggestions that are among the visible proposals exchanged by the parties.
In this sense, and according to smartsettle, “employs an internet-neutral server that acts as an unbiased and trusted automated mediator who understands how each party is satisfied – intelligence augmentation at its finest. The server uses optimization algorithms like a recipe that the neutral server uses to take ingredients from the parties and return something good to them.”
Technology to improve justice
Now, is it possible that artificial intelligence contributes to improving justice? The promotion of the digital transformation in the field of justice makes it necessary to propose technological initiatives whose main objective is to take advantage of the innovation potential offered by technology to put justice at the service of the citizens of the 21st century, increasingly demanding and connected.
The right to justice is a requirement to which all States must respond, guaranteeing its practical application. For this, the existence of judicial procedures accessible to all citizens, agile and effective, which guarantee access to justice in accordance with SDG 16 “Peace and Justice” is essential. In this context, the objective of artificial intelligence applied to justice is focused on complementing the activity of legal operators, making the so-called “Multipuertas Court” available to them.
This organizational model was proposed by Professor Frank Sander, from Harvard University, who considered the possibility of going to a court with multiple doors in which the cases presented were evaluated and referred to the appropriate door based on their specific characteristics. In this way, these doors would be the different alternative methods of conflict resolution such as negotiation, mediation, conciliation or arbitration. In the event that alternative ways of out-of-court conflict resolution are ruled out, the cases would be referred to the jurisdictional courts.
In this way, the solution consists in offering, before initiating the judicial procedure, precise information of the alternative modalities to the ordinary jurisdiction that exist. The implementation of this AI-based multi-door court would undoubtedly make the Administration of Justice more efficient and effective.
If we keep in mind that the parties normally prefer to reach an agreement that can satisfy their interests before submitting to the decision of a third party, the referral to alternative modalities will always be a proposal of interest.
All this carried out within the framework of the Digital Transformation of Justice Project “Digital immediacy and remote services”, which will allow the secure identification of its citizens and operators through agile methods, thus generating legal certainty for its administrators.
In addition to contributing to the decongestion of the workload in the courts and tribunals, the proposed proposal will expedite the proceduresallowing the parties to be aware of the alternative route that can offer them the best results, all based on artificial intelligence at the service of justice.
Maria Petronela Popiuc, Lawyer and mediator. Professor of Law and Criminology and Security, Camilo Jose Cela University and Miriam Salvador GarciaProfessor and Director of the Law Department, Camilo Jose Cela University
This article was originally published on The Conversation. read the original.
