Bloomberg Law
"There are often disconnects between how people say they feel and what they genuinely feel. Understanding emotions can be challenging for humans, and artifical intelligence really falls short in its ability to grasp the nuances of human motivations at the core of many disputes.
AI-based mediation uses sophisticated algorithms to facilitate resolutions between parties, but it can’t replace human mediators’ interpersonal approach and innovative problem-solving capabilities. One consequence is that AI can’t deliver creative solutions that go beyond wording of agreements and monetary compensation—but that addresses the more meaningful underlying issue at the heart of a dispute.
Because AI is built on black-and-white scenarios and past outcomes, it’s not capable of generating creative solutions that speak to the heart of a dispute. Even now, when other technological advancements such as online dispute resolution have become more common, the preservation of human-to-human interaction is central to their success.
Mediators’ skill in managing emotions like anger, frustration, and fear—which may be fueling the conflict—are central to the dispute resolution process, and mediators create an environment where participants can express their emotions in constructive ways.
Human mediators are more flexible and adaptable than AI and can adjust their strategies in real-time to cater to each case’s unique requirements. Experts estimate that 80% to 90% of disputes submitted to mediation achieve resolutions with creative solutions."
This article was originally posted on Bloomberg Law.
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