The consensus in the business community is that litigation is "too much, too time-consuming, and too expensive." To defend a claim through the entire arc of litigation could take years and thousands of dollars in attorneys' fees and expenses, which you are unlikely to recoup, win or lose. Even when lawsuits are settled out of court, which happens much more often than not, settlements usually occurs only as the trial date approaches and after most of the costs have been incurred.

Although not without its shortcomings, ADR generally promises reduced legal fees, litigation expenses, and diversion of resources. In most cases it also offers speedier resolution; more creative, business-driven solutions that are based on parties' real interests rather than on attorneys' legal posturing; and greater privacy and confidentiality.