Digital Transformation of Alternative Dispute Resolution

Abstract

Today, in Russia and in the world, the workload on judges is growing, which affects the quality of legal proceedings. Due attention is not given to solving this problem, although its consequences may negatively affect the formation of the information society and the development of the digital economy. The workload per employee in some regional courts does not allow us to expect the quality of the administration of justice. So far, the problem has been local in nature, but the study made it possible to predict that in the near future the workload on all judges may begin to grow at a more significant pace. This will be facilitated by the development of the electronic justice system and the evolution of LawTech. Today, no more than half of social disputes come before the court. The development of information technologies in legal proceedings may motivate persons who have previously avoided the courts to apply to the state for dispute resolution. This process is already being observed in some countries. Identifying the risk of overloading the judicial system requires finding ways to eliminate it. One of the most promising is the digital transformation of the alternative dispute resolution system (ADR). Today in Russia, the ADR is not of a mass nature, which means that the assistance from it to the judiciary is insignificant. The introduction of «end-to-end» digital technologies can significantly increase its efficiency. The analysis of foreign experience allowed us to identify variants of the digital evolution of the ADR. On its basis, it is proposed to form a domestic system of digital dispute resolution, which will not replace, but will protect the existing judicial system from overload. For this purpose, the creation of several innovative legal structures is justified: the rejection of artificial intelligence in court proceedings, the approval of the rule «first ADR», the introduction of Process Mining as a kind of ADR, the creation of temporary ADR algorithms, the introduction of ADR in social media.