AI in Alternative Dispute Resolution: Comparative Insights and Emerging Trends
Authors: Juanita Easthorpe and Darren Subramanien
ISSN: 2521-2605
Affiliations: Senior Lecturer, School of Law, University of KwaZulu, South Africa; Associate Professor, School of Law, University of KwaZulu Natal, South Africa
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 160–204
https://doi.org/10.47348/JCLA/v13/i1a6
Abstract
This article examines the integration of artificial intelligence (AI) into Alternative/Appropriate Dispute Resolution (ADR) processes generally within South Africa and comparative jurisdictions. While ADR has long promoted reconciliation and access to justice, AI introduces new possibilities for enhancing efficiency and reducing costs. The discussion considers applications such as predictive analytics, document review, and online mediation platforms, showing how these tools can support — but not replace — the essential human role of mediators and arbitrators. Comparative insights from India, Australia, and Tanzania highlight both opportunities and risks, including bias, over-standardisation, and threats to confidentiality. The article argues that AI should be regulated and adopted in ways that align with constitutional commitments to fairness and inclusivity, while drawing on regional frameworks such as the African Continental Free Trade Area. It concludes that AI, properly managed, can complement ADR and advance its foundational goal of expanding access to justice.