Authors

  • Jasurbek Yokubov
    Tashkent State Law University

DOI:

https://doi.org/10.71337/inlibrary.uz.jmsi.118903

Abstract

To date, the trend of using modern technologies in mediation: the possibilities of using online platforms and artificial intelligence, legal analysis of the positive and negative aspects of digitalization has finally replaced the more general "modernization" and "innovation" both from the political lexicon and from the scientific agenda. It is difficult to say how long this trend will continue and what socio-technological phenomenon will replace it. One way or another, the widespread introduction of digital technologies is now an indisputable and obvious fact. This process applies to all aspects of social life, not excluding judicial proceedings and out-of-court dispute resolution, which can be significantly improved through the use of digital technologies. This article analyzes the practice of using digital technologies in various forms of judicial proceedings and types of out-of-court dispute resolution such as arbitration and mediation, and the regulation of legislation.


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IN MEDIATION: LEGAL ANALYSIS OF THE POSSIBILITIES, POSITIVE AND

NEGATIVE ASPECTS OF USING ONLINE PLATFORMS AND ARTIFICIAL

INTELLIGENCE

Yokubov Jasurbek Salimjon ugli

yokhubovjasurbek@gmail.com

Tashkent State Law University,

Faculty of Master's and Correspondence Education,

Student of the specialization Mediation and Alternative Dispute Resolution

Abstract:

To date, the trend of using modern technologies in mediation: the possibilities of

using online platforms and artificial intelligence, legal analysis of the positive and negative

aspects of digitalization has finally replaced the more general "modernization" and "innovation"

both from the political lexicon and from the scientific agenda. It is difficult to say how long this

trend will continue and what socio-technological phenomenon will replace it. One way or

another, the widespread introduction of digital technologies is now an indisputable and obvious

fact. This process applies to all aspects of social life, not excluding judicial proceedings and out-

of-court dispute resolution, which can be significantly improved through the use of digital

technologies. This article analyzes the practice of using digital technologies in various forms of

judicial proceedings and types of out-of-court dispute resolution such as arbitration and

mediation, and the regulation of legislation.

Keywords:

judicial proceedings, out-of-court dispute resolution, arbitration, mediation, digital

technologies, digitalization, artificial intelligence, mediation.

Today, a global digital transformation is also underway. Companies are rethinking their business

models and processes within the framework of the digital economy. They are adopting

innovative technologies such as artificial intelligence, the Internet of Things, process automation,

and blockchain to increase their competitiveness and create new value for customers. The most

popular technology today is generative artificial intelligence. This study is devoted to studying

its capabilities, implementation problems, and prospects for use in the activities of Russian

enterprises. Analysis of the latest research and publications. The scientific and methodological

basis for writing this article was formed by the works of leading domestic and foreign scientists

who study the use of various tools of innovative technologies in the global and domestic business

environment.

The use of artificial intelligence in mediation courts promises a revolution in the field of justice,

which offers a number of benefits both for the arbitrators themselves and for the parties to the

dispute. Benefits of using AI: Increased efficiency:

Automate routine tasks: Artificial intelligence can automate many tasks, such as collecting and

analyzing evidence, legal research, and drafting decisions, freeing up time for more complex

mediation tasks

Speed ​ ​ up the process: AI can save time spent on resolving disputes by automating parts of

the process.

Deeper data analysis: AI can analyze large amounts of data, allowing you to make more

informed and accurate decisions.

Improve access to mediation: Reduce costs: AI can make mediation more accessible to parties

with limited financial resources.

Simplify the process: AI can make the process more understandable and accessible to non-legal


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entities. Data analysis systems: AI can analyze large amounts of data, such as contracts and

financial statements, and identify hidden patterns and regularities. Virtual assistant systems: AI

can serve as virtual assistants to mediators and disputants by providing information, answering

questions, and automating parts of the process. While there are positive aspects to using artificial

intelligence in mediation, there are also aspects that require serious consideration when it comes

to its operation.

1

Ethics and impartiality: It is important to ensure that the AI ​ ​ is impartial and does not

discriminate against any party to the dispute.

• Transparency and explanation of decisions: It is necessary to ensure the transparency of the

work of the AI ​ ​ and the possibility of explaining the decisions made.

• Legal framework: It is necessary to develop a legal framework for the use of artificial

intelligence in mediation courts. Artificial intelligence has great potential to change the

mediators, making it more efficient, objective and convenient. However, a number of problems

and these problems need to be resolved to ensure the safe and ethical use of AI in the field of

justice. At the same time, mediation technology is understood as a set of tools, methods and

techniques that mediators use to assist the parties in resolving the dispute. The implementation of

mediation technology requires professional skills in the field of legal communication, analysis

and dispute management, negotiation. The mediation technologies used should be aimed at

reducing costs, resolving disputes more quickly, and achieving results that preserve and

sometimes even improve relations between the parties. It should be noted that the role of the

mediator in resolving a dispute varies across legal systems. In the Arab (Muslim) approach to

mediation, the status and authority of the mediator, as well as the respect of the parties for him,

are crucial for reaching agreed-upon compromise solutions. In Muslim culture, the mediator is

perceived as someone who knows all the answers and solutions. Therefore, the mediator plays an

active role and takes an evaluative position, unlike the Western mediator, who plays a neutral

and supportive role, allowing the disputing parties to resolve the problem themselves.

Furthermore, while a Western mediator is more interested in learning about legal procedures and

formalities, a Middle Eastern mediator needs to know more about the history and facts of the

conflict. A Western mediator, acting as a mediator, sets the main goal for achieving a result: the

victory or defeat of one of the parties, while an Eastern mediator considers the preservation of

social harmony as the ultimate goal.

2

It is necessary to focus on improving the existing institution of mediators in Russia, to establish

the obligation of mediators to act not only quickly, but also more effectively, legally soundly.

The mediator must promptly inform all relevant parties, study the history and origins of the

conflict in detail, try to understand the point of view of the opponents, spend considerable effort

on preparing for negotiations, and most importantly, be able to create a number of potentials.

Mediation, which originated in the Arab world, has now become widely developed in the

European and American systems, as well as in Singapore.

The use of digital technologies, and primarily their “non-intellectual” types, can significantly

simplify the mediation procedure. The parties to the dispute may be located at a great distance

from each other (both within the same country and in different countries) or may not be able to

come to the negotiations for certain reasons (for example, work or illness).

3

The use of digital

technologies, in particular audio and video conferencing, e-mail and various chats, allows the

parties and the mediator to participate in the mediation procedure without the need for a personal

meeting. However, when conducting a mediation procedure using such technologies, it is

necessary to solve the problem of verifying the identity of the parties to the dispute and ensuring

the protection of their personal data.

1

Бостром Н. Искусственный интеллект. Этапы. Угрозы. Стратегии. М.: Манн, Иванов и Фербер, 2016. 496 с.

2

Ли Кай-Фу. Сверхдержавы искусственного интеллекта. Китай, Кремниевая долина и новый мировой

порядок. М.: Манн, Иванов и Фербер, 2019. 240 с.

3

Шилина М. Г Медиатизация в «новой нормальности»: Реверсы парадигмы и провокации трансгрессии? //

Вестник РУДН. 2021. № 4. С. 597-622. DOI: 10.22363/2312-9220-2021-26-4-597-622.


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The mediator helps the participants in this procedure to get out of a stressful or conflict situation,

seeks to identify and eliminate the cause of the dispute and find a solution acceptable to all

parties, neutralizing the emotional component. At the same time, the mediator performs a

number of actions, such as exchanging information with the parties, identifying the problem,

determining the interests of the parties, searching for points of contact and the most optimal way

out of the current situation.

While in the past few years, not being able to use a computer was seen as illiteracy, now it is

time to use it in conjunction with Artificial Intelligence technologies. World education is making

great strides based on these technologies, and the introduction of these tools is a It is necessary to

focus on improving the existing institution of mediators in Russia, to establish the obligation of

mediators to act not only quickly, but also more effectively, legally soundly. The mediator must

promptly inform all relevant parties, study the history and origins of the conflict in detail, try to

understand the point of view of the opponents, spend considerable effort on preparing for

negotiations, and most importantly, be able to create a number of potentials. Mediation, which

originated in the Arab world, has now become widely developed in the European and American

systems, as well as in Singapore.

The use of digital technologies, and primarily their “non-intellectual” types, can significantly

simplify the mediation procedure. The parties to the dispute may be located at a great distance

from each other (both within the same country and in different countries) or may not be able to

come to the negotiations for certain reasons (for example, work or illness). The use of digital

technologies, in particular audio and video conferencing, e-mail and various chats, allows the

parties and the mediator to participate in the mediation procedure without the need for a personal

meeting. However, when conducting a mediation procedure using such technologies, it is

necessary to solve the problem of verifying the identity of the parties to the dispute and ensuring

the protection of their personal data.

4

The mediator helps the participants in this procedure to get out of a stressful or conflict situation,

seeks to identify and eliminate the cause of the dispute and find a solution acceptable to all

parties, neutralizing the emotional component. At the same time, the mediator performs a

number of actions, such as exchanging information with the parties, identifying the problem,

determining the interests of the parties, searching for points of contact and the most optimal way

out of the current situation.

If for the past few years, not being able to use a computer was considered illiteracy, now the time

has come when this is used in conjunction with Artificial Intelligence technologies. World

education is making great strides based on those technologies, and the introduction of these tools

is in our hands. After all, artificial intelligence is the basis of technological development and

progress. It should not be forgotten that every technology being created should always serve

humanity, improve its standard of living, and promote human development. At the same time,

there are several problems in using artificial intelligence in mediation, and it would be

appropriate to provide solutions to these problems. The main problem is the lack of trust among

citizens in the field of mediation and the use of artificial intelligence in this field. At the same

time, there are geographical restrictions in mediation. It would be appropriate to highlight my

proposals for solving this problem in the conclusion.

5

In conclusion, it can be noted that our country has the potential and need to use artificial

intelligence capabilities and technologies in social protection programs, and it is advisable to

introduce and apply artificial intelligence technologies by involving leading local specialists and

foreign companies in the relevant programming areas. It is worth noting that a superficial

approach to the introduction of artificial intelligence or various software and ICT in relevant

areas can lead, firstly, to projects not yielding the expected results, secondly, to ineffectiveness

4

Шилина М. Г Медиатизация в «новой нормальности»: Реверсы парадигмы и провокации трансгрессии? //

Вестник РУДН. 2021. № 4. С. 597-622. DOI: 10.22363/2312-9220-2021-26-4-597-622.

5

Шилина М. Г Медиатизация в «новой нормальности»: Реверсы парадигмы и провокации трансгрессии? //

Вестник РУДН. 2021. № 4. С. 597-622. DOI: 10.22363/2312-9220-2021-26-4-597-622.


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of the budget funds spent, and thirdly, to programs and systems that are not up to date, becoming

targets for cybercriminals, undermining national security and leaking confidential and personal

information. These problems will delay the use of artificial intelligence in our country for several

years. Therefore, such state programs are required to be implemented by leading local and

foreign specialists and companies in the field. The widespread introduction of new technologies

in Uzbekistan, including artificial intelligence in social protection programs and other areas, will

stimulate the use of modern information technologies in the public and private sectors, increase

the country's opportunities for developing a digital economy and introducing innovations in each

sector. At the same time, it will lead to the effective use of modern scientific achievements.

1. Create information campaigns: and conduct trainings It is necessary to prepare promotional

materials (videos, blogs, stories on social networks) that explain what mediation is, how it works,

and how artificial intelligence can benefit from it, with clear, practical examples. To promote

these videos, conduct training classes in each region. Provide gifts and incentives for those who

participate in training classes.

2. Online mediation platforms: Create systems that allow mediators and parties to connect in real

time through special online services (for example, video chat, electronic document exchange).

These online platforms will make it possible to circumvent geographical restrictions on

mediation.

REFERENCES

1. Rakhimov N.O. Models of knowledge representation in intellectual teaching systems // TATU

News. - Tashkent. №4. 2010. 64-68 p.

2. Kadirov M.M. Textbook on the subject "Information technologies". Part 1. - T.:«Sano-

standart» publishing house, -2018. 192-237 p.

3. https://regulation.gov.uz/ru/document/19838

4. Shamsiddinovich, M. R., & Obidjonovich, Z. N. (2021). Advantages and Improvements of E-

Textbook Teaching of Computer Science in General Secondary Education. CENTRAL ASIAN

JOURNAL OF MATHEMATICAL THEORY AND COMPUTER SCIENCES, 2(12), 71-74.

5. Begaliyevich, N. C., Obidjonovich, N. Z., & Bahadir Ogli, A. O. (2022). SOLVING

MULTIDIMENSIONAL PROBLEMS WITH A WEAK APPROXIMATION METHOD.

Galaxy International Journal of Interdisciplinary Research, 10(5), 949-955

6. Speech and Language Processing" by Dan Jurafsky and James H. Martin. 2022

7. "AI in Healthcare: Building a Successful Business Model" by Anthony Chang. 2020.

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regionalnom vuze v usloviyax tsifrovizatsii SMI // Znak: problemnoe pole mediaobrazovaniya.

2022. No. 4. S. 6-12. DOI: 10.47475/2070-0695-2022-10401.

9. Vinogradova K. E. Development of artistic intellect and journalistic transformation: new

opportunities and challenges // Humanitarian vector. 2023

References

Rakhimov N.O. Models of knowledge representation in intellectual teaching systems // TATU News. - Tashkent. №4. 2010. 64-68 p.

Kadirov M.M. Textbook on the subject "Information technologies". Part 1. - T.:«Sano-standart» publishing house, -2018. 192-237 p.

Shamsiddinovich, M. R., & Obidjonovich, Z. N. (2021). Advantages and Improvements of E-Textbook Teaching of Computer Science in General Secondary Education. CENTRAL ASIAN JOURNAL OF MATHEMATICAL THEORY AND COMPUTER SCIENCES, 2(12), 71-74.

Begaliyevich, N. C., Obidjonovich, N. Z., & Bahadir Ogli, A. O. (2022). SOLVING MULTIDIMENSIONAL PROBLEMS WITH A WEAK APPROXIMATION METHOD. Galaxy International Journal of Interdisciplinary Research, 10(5), 949-955

Speech and Language Processing" by Dan Jurafsky and James H. Martin. 2022

"AI in Healthcare: Building a Successful Business Model" by Anthony Chang. 2020.

Oleshko V. F., Gavrilov V. V. Formirovanie tselnoy medialichnosti budushchego journalista v regionalnom vuze v usloviyax tsifrovizatsii SMI // Znak: problemnoe pole mediaobrazovaniya. 2022. No. 4. S. 6-12. DOI: 10.47475/2070-0695-2022-10401.

Vinogradova K. E. Development of artistic intellect and journalistic transformation: new opportunities and challenges // Humanitarian vector. 2023