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Well, the disadvantage of mediation, which is the most common form of alternative dispute resolution, is that one side’s not going to win. So you don’t get your day in court, a lot of clients feel like they want that, for whatever reason. But most of the time the advantages outweigh that because everybody knows when you go to the courthouse to get your dispute resolved one of the litigates is going to lose and so you avoid that, and you’re able to mitigate the problems associated with that.
The other thing is you can do things in an alternative dispute resolution setting that you can never accomplish at trial and many times, there are ways to resolve disputes that are something other than one party gets an award of money and the other party pays that award.
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Texas Business Litigation Attorney, Jeff Springer, discusses ADR in comparison to litigation.