The Possibilities and Risks of Using Artificial Intelligence in Mediation

The applicability of AI in everyday life, including professional life, is not just a theoretical paradigm. Artificial intelligence can now be used both as a tool to help professionals in their work and as an autonomous tool that can make its own decisions, provide answers to questions, create videos, presentations, etc. without human help. The aim of this article is to assess the legal framework and the problematic aspects that may arise in relation to the practical use of artificial intelligence in mediation and the legal and/or ethical problems that may arise from this. The assessment was carried out by analysing three key aspects: the concept/definition of artificial intelligence, the possible use of artificial intelligence in mediation, and the aspects of legal liability and the ethical criterion in the event that a mediation process fails or causes damage to the participants or otherwise undermines the process due to the use of artificial intelligence. The methods used in the preparation of article are data analysis, comparative, linguistic, systematic, logical and generalisation. The data analysis showed that the concept of what constitutes artificial intelligence varies from one source to another, which may also lead to differences in the assessment of its applicability in practice (including in mediation). However, the differences between AI, particularly the criterion of AI’s autonomy, allow us to assess its potential applicability in mediation. In this context, a parallel assessment should be made of the regulatory aspect of the liability of the mediator who has used artificial intelligence in the mediation process, in addition to the moral aspect linked to the client’s expectation of a confidential and professional mediation process.