Future Challenges of the Influence of Neuroscience on Mediation Process

Abstract

This study investigates the current and prospective future landscape of neurotechnology integration in mediation using a multi-disciplinary approach spanning law, neuroscience, technology ethics and alternative dispute resolution. It examines the theoretical promise and documented applications of neurotechnologies such as EEG, fMRI and tDCS to enhance mediation capabilities including improved perspective-taking, empathy, unbiased decision-making and mutual understanding between disputants based on empirical neuroscience. The research analyzes the extent of existing real-world integration in mediation processes, with a focus on adoption patterns in the emerging BRICS economies shaping global norms. Through doctrinal analysis and comparative scrutiny, major regulatory gaps are identified across BRICS countries concerning risks, consent protocols, accessibility safeguards, dispute resolution ethics codes and oversight mechanisms for accountable and rights-based neurotechnology use during mediation. To responsibly address these gaps, the study formulates a comprehensive governance framework encompassing licensing systems, training guidelines, technical specifications, human rights principles and BRICS coordination strategies to promote harmonized, socially beneficial advancement of neurotechnology integration in mediation. Evidence-based recommendations advocate urgent policy reforms to implement effective safeguards without impeding innovation. By elucidating promising capabilities alongside profound ethical dilemmas at the intersection of neuroscience, law and technology, this pioneering research provides constructive insights to guide stakeholders in responsibly steering the trajectory of neurotechnology-assisted mediation to enhance access to justice globally. Further research can validate and extend findings as the field evolves.