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AI in Dispute Resolution: permissible uses, safeguards and limitations for disclosure, research, drafting, outcome prediction and valuation, with implications for judges, lawyers and experts

Published on: 25 April 2024

Published by a LexisNexis Arbitration expert
Legal News
Table of contents
  • The use of AI in Dispute Resolution
  • Valuation and AI
  • Concluding remarks
Article summary

The use of AI in Dispute Resolution

In the context of dispute resolution, the AI most commonly considered is machine learning, in which a system is built to spot patterns in the training data it receives and to generate outputs by drawing on those patterns. As additional data is processed, the model refines and recalibrates its pattern mapping. With continued exposure to further examples, its mapping becomes progressively more precise. The training set is chosen by humans, yet the pattern mapping that follows operates automatically.

Existing and potential uses of AI in disputes include:

  • Disclosure — As electronic disclosure has grown in volume, AI-based tools have been deployed to control the related time and cost. Predictive coding, first endorsed for use in English High Court litigation in 2016, depends on an initial human review of a representative sample of documents...

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