The use of artificial intelligence (AI) is pervading all aspects of the legal profession, and many professionals are questioning the current and future application of AI within each specific practice area. In the dispute resolution (DR) space, the truth is AI has already been a part of this practice area for some time. In fact, AI-based mediators, also known as “virtual mediators” or “digital mediators”, have been utilizing advanced algorithms and machine-based learning techniques to assist parties in reaching a resolution for various disputes for over two decades.

Presently, there are three categories of DR that utilize some form of AI. First, online dispute resolution (ODR), which gained traction in in the early 90s and employs algorithms written by programmers, serves to analyze and process data to support a third-party neutral who then utilizes this data to provide a resolution for the disputing parties. This is most commonly seen in e-commerce forums such as eBay and Amazon. Next is blockchain ODR, where the system utilizes cryptography to crowdsource decision-making for an arbitral panel specifically established for resolving disputes. The third is facilitative ODR, where information and communications technology is utilized to bring the parties together, allowing a third party neutral to determine the suit through a digital online forum.