Scientia Iuris (Nov 2018)

How Human is the Mediation/Conciliation Procedure?

  • Igor Benevides Amaro Fernandes,
  • Carlos Marden Cabral Coutinho

DOI
https://doi.org/10.5433/2178-8189.2018v22n3p111
Journal volume & issue
Vol. 22, no. 3
pp. 111 – 125

Abstract

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This paper aims to investigate the extent to which computer programs can help (or even assume for themselves) the performance of the mediation/conciliation function. To do so, it is intended to present how International Business Machines (IBM) revolutionized the market for high complexity professions, developing Watson, a program designed to perform medical diagnostics. In the sequence, it will be discussed how Watson (followed by other similar programs) started to have a legal version and has progressively assumed functions that were once considered typical of lawyers. As a development, a reflection will be made on the specific skills required in mediation and conciliation activities, in an attempt to infer to what extent they can be outsourced to non-humans. Finally, a conclusion will be sought that estimates the extent to which computer programs have a real chance of taking on the mediation and conciliation activities exclusively, dispensing with no human collaboration.

Keywords