ADR can be a far less intrusive process than litigation. When you go to court, lawyers are determined that their client should win at any cost because not only is their client’s wishes at stake, but so are their own reputations.

Consequently, the litigants can become quite aggressive in their approach and end up “airing out all their dirty laundry” so to speak, for the public to hear. With ADR, not only is it more amenable, but it is also attempted with the mindset of “win-win” for both parties. In litigation, you have one party who wins and the other who loses.

There is usually no middle ground. When you are attempting to resolve a dispute where both parties aim to come out somewhat pleased or comfortable with the decision (at the very least), then your demeanour, your approach is automatically less aggressive, or defensive and it becomes more collaborative.

Furthermore, ADR allows parties to preserve their relationships, which is imperative if the parties have entered into a long term relationship. Litigation can become contentious and thus, tends to burn bridges, whereas ADR can help build bridges or keep them intact.