The Irruption of Artificial Intelligence in Civil Proceedings: Challenges and Opportunities

Abstract

The use of Artificial Intelligence by the judiciary can be
fundamentally grouped into two categories: its use in procedural
processing, and that arising from the advent of Artificial
Intelligence in civil proceedings, understood as the fundamental
instrument for the material demonstration of facts as they
occurred or their formal establishment for dispute resolution. As
highlighted by the AI Regulation, the use of Artificial Intelligence
within the judiciary, particularly that used to assist the judicial
or competent authority in alternative dispute resolution, as well
as those acting on its behalf in investigating and interpreting
facts and/or the law, and in their application to specific facts, is a
“somewhat risky” use, where the significance of the implications
of Artificial Intelligence can have greater repercussions and
where the obligations to be fulfilled by those using it are of
greater depth (both formal and material). However, despite
the difficulties it entails, it is evident that Artificial Intelligence is
here to stay, also within the Judiciary and in the daily routine of
the various legal operators. This reality obliges all of us who are
part of this “dance” to question the risks it entails, the reaction
and difficulties that arise when this technology clashes with
our current legislation, and to find solutions that facilitate the
legitimate and peaceful coexistence of judicial activity with this
new tool.