Inteligencia artificial y ADRevolución en el arbitraje y la mediación

Abstract

I‐Arbitration or I‐Mediation are concepts that may still sound strange and impossible. Undoubtedly, the conjunction between two of the most powerful technological tools in dispute resolution, legal artificial intelligence (IAL) and online dispute resolution (ODR), has greatest potential for increasing in the future, with the exponential development of technology, telecommunications and computing. The use of artificial intelligence in ODR can perform two main functions: predictive assistance or decision‐making. Analyze their possibilities and evolution is the axis of this research work, always from the perspective of full guarantee with fundamental rights of the parties in the litigation. Many have wondered whether (or when): will arbitrate or mediate a litigation an artificial intelligence replacing human arbitrators or mediators? will evolve from e‐arbitration or e‐mediation, understood as online arbitration or mediation to i‐arbitration or i‐mediation, understood as intelligent arbitration or mediation? Can robots, attractive avatars and other relational agents create the requisite level of trust necessary to resolve a dispute? Now, when we have been confined at home due to a universal pandemic, making intensive and massive use of technological telecommunication devices, perhaps the door has been opened a little more, realizing that, staying at home with a computer and internet connection, we can do much more than just shopping or telework.