DAWN OF ARTIFICIAL INTELLIGENCE IN ALTERNATIVE DISPUTE RESOLUTION; EXPANDING ACCESS TO JUSTICE THROUGH TECHNOLOGY

Abstract

Kenya has long been plagued by inefficient law enforcement. The judicial system, albeit regrettably, is characterised by a backlog of cases that amounts to a denial of justice. The judiciary has attempted to alleviate this by encouraging the use of Alternative Dispute Resolution mechanisms, as provided for in Article 159(2) (c) of the Constitution. These mechanisms facilitate the useful dissemination of justice because they are relatively fast, flexible, and business-friendly. Parties that subject their disputes to ADR also feel that they can control the whole process as they are directly involved; so the customer satisfaction rate is higher compared to court cases. However, in the wake of the Covid-19 virus, justice systems have been forced to be even more innovative to ensure justice and rule of law are upheld. Inevitably, they have turned to the once-dreaded technological sphere to address such issues. In particular, the use of Artificial Intelligence (hereinafter AI). This paper postulates that the incorporation of Artificial Intelligence into the legal system; especially in Alternative Dispute Resolution mechanisms will facilitate expanded access to justice in line with SDG 16; Peace, Justice and Strong Institutions. The use of Artificial Intelligence has many advantages in addition to its ability to expedite justice. It can also be used when individuals do not wish to share sensitive information with their human counterparts. Besides, AI has proven to be more efficient compared to other methods as an AI system is in a position to sift through numerous legal documents quickly, which helps both in conducting due diligence and determining the optimal solution for the parties. This paper attempts to explain these benefits and debunk some myths that may have deterred certain legal actors from incorporating AI. It also seeks to address some issues that may arise when using AI in ADR and give recommendations on how to circumvent the same.