Public Acceptance of AI Decision Making in Legal Disputes Predicted by Senior Judge
The Master of the Rolls, Sir Geoffrey Vos, has expressed optimism that the public will become increasingly comfortable with artificial intelligence making decisions in legal disputes as the technology matures.
During the John Lehane Memorial Lecture at the Supreme Court of New South Wales, Vos suggested that litigants may eventually prefer to have their cases resolved by machines, potentially in a matter of minutes and at minimal cost, rather than enduring lengthy waits for human judges.
Vos highlighted that confidence in machine made decisions is likely to grow as these decisions demonstrate reliability comparable to, or exceeding, that of human judges. He noted that the efficiency and cost effectiveness of such decisions will be appealing to litigants.
The Master of the Rolls pointed to current examples of machine led dispute resolution, such as the 60 million disputes resolved annually on eBay, where 90 per cent are settled without human intervention. He indicated that areas amenable to algorithmic assessment, such as personal injury damages and minority shareholder disputes, could be early adopters of this technology.
However, Vos distinguished between consensual AI decision making and scenarios where courts impose machine judgments on unwilling parties. He emphasised the importance of the right to a human judicial decision, which he described as deeply entrenched in legal principles. He argued that judges should not be replaced by machines without legislative changes.
As AI technology evolves, Vos cautioned that the distinction between AI assisted decisions and fully autonomous machine decisions may blur. He noted that economic and time pressures could lead judges to favour machine recommendations, potentially undermining the traditional judicial process.
Despite these concerns, Vos remains optimistic about the growing acceptance of automated justice, particularly for lower value disputes. He believes that economic factors will encourage litigants to embrace machine enabled resolution for smaller claims.
In his address, Vos urged legal professionals to embrace AI while maintaining a clear boundary against fully autonomous judicial decision making without the informed consent of the parties involved. He called for a balanced approach to integrating AI into the legal system, ensuring that human oversight remains a fundamental component of judicial processes.