Robot Mediator?

The (in)applicability of artificial intelligence in conflict mediation

Abstract

This article aims to study the (in)applicability of artificial intelligence (AI) in conflict mediation. It is known that technology is increasingly expanding in society, so that law, especially the means of dealing with conflicts, is not oblivious to this social transformation. The Brazilian legal system also incorporates technological measures, such as virtual hearings and the electronic process itself, as ways to make access to justice closer to the citizen. It is even possible to verify projects within the scope of the National Council of Justice with a view to “replacing” the function of the magistrate in the delivery of sentences, making the machine an ally in the process of speed, reasonable duration of the process and efficiency. The objective of the article is to verify if the same logic – which allows the judge to be replaced by robots – can be implemented in mediation with a view to succeeding the role of the mediator. It is concluded that, due to the cognitive deficit of the machine, it is not possible to implement a robot mediator, because it will lack exactly what gives “life” to conflict mediation; which is knowing how to deal with the sociological struggle between those involved. Through the deductive method of approach and the monographic procedure, the work confirms the initial hypothesis of inapplicability of AI in the mediation of conflicts.