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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

for the conduct of the proceedings. Following the Covid-19 pandemic in 2020, virtual
or hybrid hearings are required and accepted. In time to come, there should also be

a demand for online mediation application, allowing the parties, particularly those from
overseas to mediate online perhaps with software functions enabling the submission of

settlement offers, perhaps digitising the process of BATNA in mediation and negotiation.
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Not only that this offers a relatively economical option for mediation, parties need
not meet in person which is somewhat suitable for Asian parties who may prefer

a non-confrontational approach to resolving disputes.
9
Turning to artificial intelligence or commonly known by its acronym ‘AI’,
in the beginning, when men created algorithms, they might have thought, ‘let us make
artificial intelligence in our own image’ intending for it to replicate them. Arguably,

any discourse on AI cannot commence without first talking about algorithms, but no
doubt the concept of the algorithm has changed quite substantially since its discovery
in the field of mathematics and during the era of the medieval Islamic polymath,

Muhammad Ibn Musa Al-Khwarizmi who lent his Latinized name to ‘algorithm.’
However contemporary AI thinkers such as the late Marvin Minsky was said to have
thought about a different aspect of algorithm, empowering computing systems with the

gift of intelligence. Nevertheless, algorithms as instructions or sequence that calculate
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or performed automated reasoning, originate from manmade origin. This is so because

computers are only machines and they cannot think of their own volition, in other words,
computers do what we tell them to. In the meantime, the concept of algorithms is perhaps
best understood as what the old saying goes, ‘we reap what we sow,’ whereas in computer

science language, the term ‘GIGO’ or ‘garbage in, garbage out’ applies, denoting that
‘bad input will result in bad output’ also we get what we feed into the system. However,

AI can also perform massive ‘quantitative’ tasks, not necessarily ‘qualitative’,

8 Best Alternative To a Negotiated Agreement
9 ‘[I]n certain societies, a non-confrontational approach is prized’ see Tjong Very Sumito and others v
Antig Investments Pte Ltd [2009] SGCA 41 [61]
10 Osonde Osoba and William Welser IV, ‘An Intelligence in Our Image: The Risks of Bias and Errors
in Artificial Intelligence’ (RAND Corporation, 2017) <https://www.rand.org/pubs/research_reports/RR1744.html>
accessed 3 May 2019

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