Artificial Intelligence in ODR Platforms: Ethical and Legal Concerns

Abstract

The creation of Artificial Intelligence (AI) within Online Dispute Resolution (ODR) systems, the sphere of digital justice has changed and provided unprecedented efficiency, access and scalability to the process of dispute resolution. One of the areas of the AI dog can be used to facilitate arbitration and mediation, especially in cross-border arbitration and e-commerce arbitration, is the use of machine learning, predictive analytics and automated negotiation tools. Irrespective of these benefits, the entrustment of AI in ODR creates complicated ethical and legal issues. Algorithms bias, insufficient transparency, weakened autonomy and unnecessary responsibility issues are all examples of ethical concerns and legal concerns are the liability, enforceability of AI-produced awards, data privacy and regulatory uncertainty. The paper presents a detailed discussion of these issues that examines the effects of having AI-assisted dispute resolution when it comes to procedural fairness and human control. It also discusses new international legal frameworks such as the European Union Artificial Intelligence Act, technical notes on ODR as spread through UNCITRAL and OECD principles on AI, which are relevant in relation to AI regulation in digital justice. The research sources its conclusion and provides the recommendations to overcome ethical and legal issues to focus on human-in-the-loop models, transparency, ethical design, strong data protection, harmonized regulation and education of stakeholders. Combining these two, the AI-based ODR platforms will be able to reach the equilibrium between technological novelty and maintenance of justice system fairness, accountability and trust.

Keywords: Artificial Intelligence, Online Dispute Resolution, Algorithms Ethics, Law, Procedural Fairness, Data Protection, Human Control

https://doi.org/10.5281/zenodo.18964790