Will the use of Artificial intelligence (AI) make litigators redundant? Which Influences will have AI in disputes resolution? We asked one of our litigation experts in Germany for his view on the effects of artificial intelligence on litigation.
1. How will AI shape the future litigation landscape?
I am sure, that we will see disputes about AI in various fields. For example, the question of who will be liable for damages caused by AI – the programmer, the user or someone else, will need to be addressed by courts as well.
I predict that the use of AI will make the world safer. However, though there may be less cases, these will be more complex.
2. How will AI be used in dispute?
Document review, is the obvious field and we see already that computer assisted document review – predictive coding – delivers better results than human review. Until today, predictive coding is mostly feasible in large cases where a significant number of documents will need to be reviewed as the computer still needs to be trained by a human. The more intelligent the software becomes the lesser training it will need.
Another field is the assessment and in particular visualisation of complex scenarios. If for example in a train accident, an AI uses all information to visualise the actual event, this may help all parties to assess the incident and for the court or tribunal to come to a decision.
3. Will the use of AI help to avoid disputes?
That may be the case. Self-executing contracts may avoid any dispute at all. However that will be more relevant for relatively simple scenarios.
In general and beyond AI, digitalisation will lead to better documentation and in many scenarios that may help to avoid disputes as certain factual questions will not be in dispute anymore and the actual responsibility of a party becomes more obvious.
