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Advantages
- No winner or loser which happens in a court case.
- ADR is quick is quick unlike court cases.
- ADR gives access to justice for people who can't afford to go to court.
- ADR is more suitable for familt matters or when the parties are in relationships.
- Court proceedings are normally accessible to the public whereas ADR gives the clients privacy and it cannot be reported by the press.
- The parties have control over the outcome unlike in court, where the judge decides the outcome.
- ADR has a high success rate and is used more.
- ADR is a simple process that makes it easier for the clients.
- Most Alternative dispute resolutions are informal which helps stop anxiety and stress for the clients.
- ADR is an effective way for the recovery of debt by individuals.
- ADR allows an unprepared side to be assisted but in the courts they would be expected to be prepared.
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Disadvantages
- ADR is not always cheap and will be expensive when court action is taken after.
- There is too many Alternative dispute resolutions which will confuse the client.
- ADR have no legal professionals which means the outcomes are not legally enforceable and as the decisions are not made by the court it will be difficult to enforce which could lead to a court case to recover the money.
- There is no right to appeal even if the Arbitrator makes a mistake.
- There is too much informality which doesn't help if the client is going against a business.
- Some ADR's award less money to their client than a court would.
- ADR is unsuitable for some types of claims such as public laws or crimes.
- ADR is dependant on both parties willing to compromise but not everyone will so it will go to court.
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