Abstract

CARDONA, Noemí Jiménez. COMMERCIAL MEDIATION AND THE NEW CHALLENGES OF ARTIFICIAL INTELLIGENCE: A COMPARATIVE VIEW OF THE SPANISH AND ITALIAN LEGAL SYSTEMS. Revista Internacional CONSINTER de Direito [online]. 2022, n.15, pp.493-505.  Epub Feb 28, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00015.24.

This article focuses on the analysis of the application and possibilities of use offered by tools based on artificial intelligence and mass data management (big data) in the processing of mediation processes, specifically those of a commercial nature, from an Italian-Spanish comparative perspective. To achieve this end, the method used has focused on the analysis of doctrine and case law on the subject, with particular reference to the treatment of out-of-court dispute resolution procedures in Law 7/2017 and the Draft Bill on Procedural Efficiency Measures for the Public Justice Service (2020), as well as the provisions of Italian Decree Laws n. 28/2010 and 69/2013. Among the results achieved, it can be anticipated that the instrumental incorporation of artificial intelligence in mediation, with the due guarantees of operation, can provide a further tool to support and assist the mediator, but without ever replacing or substituting him.

Keywords : Commercial mediation; Artificial Intelligence; Big Data; Alternative dispute resolution..

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