A collaboration between judge and machine to reduce legal uncertainty in disputes concerning ex aequo et bono compensations

Abstract

Ex aequo et bono compensations refer to tribunal’s compensations that cannot be determined exactly according to the rule of law, in which case the judge relies on an estimate that seems fair for the case at hand. Such cases are prone to legal uncertainty, given the subjectivity that is inherent to the concept of fairness. We show how basic principles from statistics and machine learning may be used to reduce legal uncertainty in ex aequo et bono judicial decisions. For a given type of ex aequo et bono dispute, we consider two general stages in estimating the compensation. First, the stage where there is significant disagreement among judges as to which compensation is fair. In that case, we let judges rule on such disputes, while a machine tracks a certain measure of the relative differences of the granted compensations. In the second stage that measure, which expresses the degree of legal uncertainty, has dropped below a predefined threshold. From then on legal decisions on the quantity of the ex aequo et bono compensation for the considered type of dispute may be replaced by the average of previous compensations. The main consequence is that this type of dispute is, from this stage on, free of legal uncertainty.