INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW In order to ensure efficient ex ante and ex post consumer protection, a variety of ODR systems employ artificial intelligence (AI)9 for dispute resolution processes,10 often included under the general policy trend of “Legal Tech”. If incorporated into the ODR platform, Legal Tech tools may have positive effect in the: • conflict prevention – a tool that automatically breaks down and classifies the types of complaints received in the ODR platform can be a valuable asset for regulators and traders allowing them to improve trading standards and avoid future disputes; • online negotiation – two basic models of online negotiation can be distinguished: assisted negotiation (categorizing disputes and matching them with solutions adopted by parties in similar past disputes) and automated negotiation or blind-bidding (used in situations in which both parties agree on the facts and liabilities, but disagree on the calculation of the loss or the type of remedy). Automated negotiation uses software that allows users to analyse their bargaining positions through evaluation and prioritization of offers and counter offers. Such offers are kept hidden during the negotiation, and are only disclosed when these offers match or enter into a pre-established range – hence the name ‘blind- -bidding’. • case management for the approved ADR/ODR entities – the case management function should offer a one-stop shop for consumers and traders, so that they will not need to use a different web interface for each ADR/ODR process. • monitoring and enforcement activities – the information contained in the ODR platform, if appropriately shared, could improve the enforcement role of regulators, assisting them to identify patterns of market failure and 9 Artificial intelligence includes methods that enable machines to perform tasks that require human intellect. In short, artificial intelligence assumes the ability of computers to display cognitive abilities, that is, to imitate the functioning of the human mind. There is a difference between strong and weak artificial intelligence. Weak AI focuses on performing a specific task based on input: inputs are processed through an algorithm and the expected result is obtained. Strong AI performs functions in such a way that it develops native-like abilities over time (rather than just simulating them, as is the case with “weak” AI). See: Cvetković, P.N., op. cit, p. 450. 10 Artificial intelligence technology (AI) has, among other things, the ability to predict, i.e. give recommendations, based on the ability to use information, i.e. high quality data. However, if the data is missing or incorrect, AI can make recommendations that may lead to unjustified divisions between people, discrimination, labeling of people, etc. See: Lučić, S., Protection of personal data in the tourism sector, Hotel and Tourism Management, 2023, Vol. 11, No. 1: 201-202.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==