AI-MEDIATION IN CROSS-BORDER E-COMMERCE: BRIDGING LAW, TECHNOLOGY AND ETHICS IN EU REGULATORY FRAMEWORKS

Abstract

The rapid expansion of cross-border e-commerce has intensified the need for efficient and fair dispute resolution mechanisms, prompting the exploration of AI-mediated solutions within the European Union’s regulatory frameworks. This paper examines the intersection of law, technology, and ethics in AI-driven mediation, analyzing its potential to enhance efficiency while addressing critical legal and ethical challenges. Through a structured conceptual framework, the study distinguishes between supportive and substitutive AI mediation models, highlighting the advantages of hybrid systems that leverage AI’s analytical capabilities—such as legal argument summarization, predictive analytics, and negotiation support—while retaining human mediators’ emotional intelligence and ethical judgment. The discussion underscores persistent limitations in AI’s ability to interpret nuanced human communication and manage high-stakes disputes, emphasizing the necessity of human oversight. Ethical concerns, including algorithmic bias, transparency, data privacy, and accountability, are critically evaluated, with a focus on Schmitz’s three-stage ethical implementation model to ensure responsible AI deployment. The paper argues that while AI can optimize procedural efficiency in cross-border e-commerce disputes, its integration must be guided by robust governance principles to preserve fairness and judicial legitimacy. Recommendations include adopting the ASPEN Protocol for structured AI integration, reinforcing interdisciplinary collaboration, and embedding ethical safeguards at all stages of AI system development. By bridging technological innovation with legal and ethical imperatives, this research contributes to a balanced framework for AI-mediated dispute resolution in the EU’s evolving digital economy.