AI and the Future of Disputing: Naming, Blaming, Claiming, and Preventing

This paper explores the transformative impact of artificial intelligence (AI) on dispute resolution mechanisms. Our analysis builds on the longstanding framework for explaining the stages through which disputes evolve: the “naming, blaming, claiming” model by Felstiner, Abel, and Sarat (1981). Drawing on the evolution of online dispute resolution (ODR) and insights gained from the application of AI in healthcare, we examine how technological advancements challenge the traditional trajectory of dispute resolution. In particular, we propose a re-categorization of the stages of disputing, emphasizing the emergence of a “prevention” stage facilitated by AI. By incorporating AI into the existing theoretical framework, we argue that dispute processes are not only restructured at the individual level, in terms of how claims are raised and addressed, but also at a systemic level, in the way data is leveraged to identify patterns and potential sources of conflict.