조정절차에서 인공지능(AI)을 활용하는 방안

초록

Mediation process have advantages that mediator could intervene each party’s disputes and use verbal and/or nonverbal communication to create voluntary and creative dispute resolution which is hard to get from the litigation process. In this process, the mediator need to understand more deeply in the hidden context of parties behind the party’s verbal language or gestures. In many cases, in the mediation process, mediator could persuade parties with sincere mediating attitudes rather than mediator's communication skills. Many nonverbal signals of parties could help mediator to find what they really want and mediator could also help the parties to realize themselves what they really want. The capacity of these mediatiors may be enhance their ability through mediation training and/or a lot of mediation experiences. However, many mediators regret or sometimes suffer psychological pain after the mediation agreement fails because of the nature of the mediation process, which could affect each other the mood and attitudes of the mediator and of the parties. At this case, in case there is artificial intelligence technology’s and/or intelligence wisdom’s help which gathered from the wisdom of many senior mediators, the development of the mediation skills could take a great leap. Mediation is easier to apply to AI skills than litigation in that the mediation process is not so strict and the mediation agreement is not forced on the parties. In the mediation, the mediation agreement is up to the parties voluntary. Therefore, I suggest how about using artificial intelligence technology in the mediation process first, where the parties' autonomy is indispensable. That’s because the use of entry level artificial intelligence technology also very useful in the mediation process and the side effects are not so greatly worried due to the characteristics of voluntary mediation agreement.

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