Picking the Proper Technological Tool for Problem-Solving in Arbitration

Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data Analytics Institute Responsible Data Science CoP at The Ohio State University’s Michael E. Moritz College of Law, has published a draft book chapter titled “Picking the Proper Technological Tool for Problem-Solving in Arbitration,” ArbMetaBlock (Full title tba), (Radboud University Press, Maud Piers & Sean McCarthy editors, forthcoming 2024); Ohio State Legal Studies Research Paper No. 808.  In her draft work, Professor Schmitz discusses how to critically analyze and select new technologies for use in alternative dispute resolution.

The abstract states:

Recent years have seen new technologies disrupt many established industries and institutions, continually testing our imaginations and defying our expectations. It is no surprise that technology is also disrupting the law and the practice of arbitration. Technology has meanwhile moved faster than imagined with generative AI and innovative technological tools hitting the market every day. While these technological advances are exciting, it is important to approach the use of technology with deliberate thought and analysis. This chapter explores the potential applications of these technologies in arbitration, and their capacities to hurt and harm stakeholders in a particular case. Specifically, this chapter considers artificial intelligence (AI), blockchain, and the immersive environments of the metaverse, and how these tools can be leveraged to streamline and improve the effectiveness of dispute resolution mechanisms. Still, this chapter emphasizes the importance of approaching use of technology through the lens of dispute system design ideas as a framework for considering these technologies and selecting the best technology for addressing a particular issue or problem in arbitration. It is vital for arbitrators, lawyers, and policymakers to approach technology like any other tool in an arbitral problem-solving toolbox and use caution in selecting the right technology for the context and parties in arbitration. This is a draft of the book chapter that will be edited and become Amy J. Schmitz, Picking the Proper Problem-Solving Tool in Arbitration, ArbMetaBlock (Full title tba), (Radboud University Press, Maud Piers & Sean McCarthy editors, forthcoming 2024). Comments are welcome!

This and other publications authored by Professor Schmitz are available for download via the Social Science Research Network.

Photo by:  Robynne Hu on Unsplash