The rapid advances in artificial intelligence (AI) have permeated the legal industry over the past few years. In the realm of dispute resolution, the integration of AI into dispute resolution procedure and ultimately decision-making is almost inevitable. AI holds the promise of positive reform for the court system, with the potential to make it more accessible, efficient and ultimately, more just. However, it is vital that the integration of AI is not merely an attempt to bolster the UK’s legal sector as a linchpin to the economy. The reform should be driven by a desire to make things better, fixing the injustices which have been weaved into the current system for so long. This article will explore ways in which we can leverage AI technology to design a disputes system that aligns with the ideals of fairness and justice.
On 12 June 2023, the Master of the Rolls, Sir Geoffrey Vos, announced that he would be chairing a new committee which will oversee the integration of AI across civil disputes. While the initial ideas regarding these new civil procedure rules are already in the pipeline, it is important to take a step back, deploy some first-principle thinking and ask the question: “What makes a good justice system?” before trying to tackle the complex task of incorporating AI technologies into our courts’ system.
It is uncontroversial to assert that if we were to design a legal system from scratch tomorrow, we would want it to be accessible for all, efficient, inexpensive, uncomplicated, accurate and non-biased. While this is by no means a conclusive list, these universally agreed aims provide us with a framework to start thinking about what measures and technologies one could introduce in order to strive towards a healthy, functioning and just, justice system.
One of the key areas where AI can have a positive impact is in improving accessibility to the court’s system. For most individuals and small businesses, the barriers faced when seeking legal recourse are simply too high to make bringing a claim worthwhile. AI technology has the capacity to address this issue by closing the information asymmetry gap between legal professionals and laypeople. For instance, the deployment of user-friendly interfaces, automated guidance, multilingual support and the use of AI-powered chatbot real-time assistance, would make the legal process more understandable and navigable for all. By reducing the information asymmetry between clients and their respective lawyers, introducing AI will also make the legal system more accessible in terms of costs as greater understanding from the client should lead to a reduction in time billed.
Efficiency is another key factor that can easily be improved by the introduction of AI technology. The current court procedures often suffer from delays, backlogs and a substantial amount of paperwork which all require human management. By leveraging AI technology, these inefficiencies can be mitigated. For example, AI-powered algorithms can process and analyze large amounts of data, meaning that the time taken to process applications or default judgments could be fractionalized overnight. In addition to this, AI can automate routine administrative tasks such as document generation, managing case files and scheduling hearings. This would enable lawyers and court staff to dedicate their time and resources more efficiently, focusing on substantive legal matters and getting cases to trial faster.
Addressing the issue of costs is crucial when designing a dispute resolution system. Traditional litigation is very expensive, so much so that it can deter individuals from commencing proceedings. With increased efficiency, AI has the potential to revolutionize costs for parties involved in a dispute. If legal representatives only need to charge for the time where true value is added (i.e. the AI takes over certain tasks such as case management, document generation etc) then legal fees could become far more affordable. As well as this, online dispute resolution platforms powered by AI can offer even cheaper alternatives to existing alternative dispute resolution. These platforms can facilitate negotiation, arbitration and mediation processes, which could alleviate the pressure on the courts’ system further. The other thing to consider is that AI can assist potential claimants, who cannot afford to fork out legal fees from their own pockets, identify suitable pro bono or low-cost legal services or potential case funders, further promoting access to justice.
Achieving and maintaining accuracy in a disputes system is essential for upholding integrity and justice. AI has the capability to increase accuracy by assisting judges and lawyers in their decision-making processes. AI algorithms can analyse vast amounts of legal precedent, statutes and case law, aiding in the identification of relevant legal principles. Furthermore, AI-powered predictive analytics can aid lawyers by providing insights into potential case outcomes. This will allow parties to make more informed decisions whether negotiating settlements or going to court.
Eliminating biases from decision-making processes is a critical aspect of ensuring fairness in our system. Human decision-making can be influenced by our biases, leading to unequal treatment of individuals based on factors such as race, gender, or socioeconomic status. While AI could offer a potential solution to some of these biases integrated into our case law, it is important to recognize that AI systems are only as unbiased as the data on which they are trained on. In order for AI to operate objectively and without prejudice, rigorous measures would need to be implemented to ensure that the training data is free from discrimination and sufficiently diverse. Similarly to human bias, it may be difficult for an overseer to locate where these biases are affecting AI’s reasoning. Therefore, in order to tackle the bias issue, the AI systems in operating would have to continuously be monitored and evaluated in order to detect and rectify any unintended biases that are seeping into the system.
It is clear that AI could be a force for good in evolving our current disputes system, making it more accessible and efficient for all parties involved. It has been made clear by Sir Geoffrey Vos that the implementation of various AI technologies in the legal industry is inevitable. However, those responsible for the integration of AI need to consider reform through the lens of the above first principles. Changes should be brought about in order to build a better justice system than we currently have, not just in the name of innovation or bolstering the UK legal sector’s global prowess. It will be interesting to see what Vos’ plans entail and whether the reform will reimage the UK’s dispute resolution system in a positive or negative light.
