Ai and dispute resolution
| Autor | Mariusz Zalucki |
| Páginas | 338-346 |
— 338 —
ai and disPUte resolUtion
Ma r i u s z za ł u c k i 1
Abstract: The office of a judge is nowadays an indispensable part of the system of governance.
However, this does not mean that the legal regulation of this area is optimal and this area does not pose
any challenges for lawyers. Moreover, there is no general consensus on how state power, including that
of the courts, should be exercised. Judicial power is usually one of the balancing powers in democratic
countries, independent of the executive and legislative powers. This power has its problems, such as
the length of judicial proceedings and the inefficiency of the entire judicial system. For some time now,
therefore, various mechanisms have been sought to solve the existing problems of this authority. In the
world of new technologies, i.e. the world in which we live, more and more instruments are responsible for
mechanising certain elements of our lives. In this connection a dilemma arises, among others, whether some
of the tasks of the judiciary can be realized in a mechanized, automated way. This is because technological
achievements may already today allow for their application in the justice system. Here it wonders whether
there is a possibility that at least a part of court cases could be solved in an automated way, i.e. without
the participation of a judge and with the use of algorithms and artificial intelligence. The author looks
at this area and wonders about the technological possibilities created by the use of artificial intelligence
mechanisms to resolve some court disputes.
Keywords: judiciary, artificial intelligence, AI, dispute resolution
1. INTRODUCTION.
The exercise of judicial power has undergone various transformations over the centuries2.
Nowadays, it is safe to say that a certain standard of exercising this power, based on the
paradigm of autonomy, independence and irremovability, has developed at the international
1 Full Professor of Law, AFM Krakow University (Poland), mzalucki@afm.edu.pl.
2 , “More Law, Less Democracy? Democracy and Transnational Constitutionalism”, The
Twilight of Constitutionalism, eds. Dobner P., Loughlin M., Oxford University Press, Oxford 2010, p. 141
et seq.
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