ARTIFICIAL INTELLIGENCE IN ALTERNATIVE DISPUTE RESOLUTION: A LIT-ERATURE REVIEW ON GUIDELINES, BEST PRACTICES, AND THE ROLE OF ENGINEERING EXPERTS IN COMPLEX CONSTRUCTION CONTRACTS

The objective of this work is to analyze whether Artificial Intelligence (AI) can be used in Alternative Dispute Resolution (ADR) processes, such as arbitration, mediation, conciliation, and dispute boards, especially in complex construction contracts. The work aims to analyze the connection with law—national and international—as well as with institutional rules and the new ethical standards for engineering experts who intervene in ADR proceedings. It provides a brief overview of AI history, the underlying theories, and their application by engineering experts, focusing on issues related to confidentiality, accountability, transparency, and technological competence. It also examines the standards of the institutions (for example, SVAMC, CIArb, ICC, and VIAC) as well as the current national legislation in Brazil, Europe, and the US. In conclusion, even though the use of AI tools may be a very useful resource for the acceleration of the dispute resolution proceedings and for the improvement of the analysis and investigation made by the engineering experts, the final consideration is that the use of these tools must always be under the control of the humans to preserve fairness, ethics, and the trust in the ADR proceedings. Further research and legislation are recommended.