AI is now a commonly accepted part of everyday life, from predictive text to high-level machine learning this AI is becoming the first step of customer interaction for most companies.
So it was only a matter of time before AI began to mediate the human problems.
Envision an electronic mediator capable of gauging and reshaping the emotional states and overall atmosphere of parties based on their speech patterns within an Online Dispute Resolution (ODR) program.
Picture the recreation of genuine emotional and social connections through avatars in an online mediation environment. Consider the possibilities of anonymous brainstorming, clandestine meetings in virtual rooms, and the accessibility of web-based intelligent agents offering counsel on alternative solutions and interest-based compromises.
This isn't the plot of a sci-fi movie—it's the reality of ODR technology, the best-kept secret of the mediation world.
The utilisation of ODR is steadily increasing in the US. Here, Mediator Julie Ford aims to underscore the remarkable potentials that ODR extends beyond traditional email and telephony.
Commercially available ODR services leverage an array of technologies, including:
- Web forums
- Instant messaging
- Chat rooms
- Video conferencing
- Mobile and smartphone technology
- Artificial legal intelligence
- Blogs
- VoIP (voice over Internet protocol)
- Avatars
- Social networking sites
- Wikis
- Web maps
As technologies reshape interpersonal communication and interaction, they inevitably reshape the resolution of conflicts and the conduct of mediations.
These technologies are employed in various ways within negotiation and mediation processes. Here are a couple of examples:
Facilitated negotiation entails the utilisation of secure websites, such as virtual collaborative workspaces or e-rooms, enabling parties to exchange messages, share documents, and engage in synchronous or asynchronous negotiations.
This fundamental ODR service is offered by a growing number of providers in the US, facilitation is provided by the technology itself and the process rules established by the e-room provider, rather than a human mediator.
Human mediators are also employing such software to conduct online mediation processes. Online applications specifically designed for mediators are common in the US, but yet to be applied in the UK, many mediators will utilise existing online software such as Zoom or Teams to facilitate their mediations.
Another example is automated negotiation, such as blind bidding procedures, offering positional negotiation and settlement calculations without human third-party intervention. These are available in the United States for insurance claims arising from car accidents and personal injury claims.
Yet another ODR technology comes in the form of negotiation support systems, enabling the manipulation of negotiation variables for participants to consider various options and alternatives, while also providing an overview of negotiation stages and expert advice on strategies and outcomes.
Mediators can utilise this technology to assist parties in their negotiations. Examples of this development in Australia include Family Winner and IMODRE, primarily used in property settlement mediation in family disputes.
While mediators are traditionally known as the 'third party,' in the realm of online mediation, technology is often referred to as the 'fourth party.'
This concept suggests that technology alters the communication and power dynamics of the mediation process, offering new and imaginative ways for mediators to intervene and for parties and lawyers to engage in the process.
However, it also introduces new risks for users related to issues around the security of the online platform, authenticity of online participants, and the handling of a written record of a text-based ODR process.
The future of online mediation hinges largely on the ability of mediators and potential users to embrace and utilise the fourth party and specific ODR platforms.
While there may still be skepticism regarding technology's ability to facilitate solutions, foster relationships, and maintain trust in the process, it appears that an increasing number of mediators and mediation users are open to the idea of ODR
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