03/05/2026
These are some of the reasons why you should always engage in Alternative Dispute Resolution (ADR) instead of always rushing to court at every slightest provocation & only approach the court when ADR has failed and the court seems to be the last resort;
1. Court cases take time- the least amount of time a case can move from the High Court to the Supreme Court for final adjudication is 10-15 years and time and efforts are wasted within that timeframe.
2. Once a matter has gone to court it turns the disputing parties into lifetime enemies & creates bad blood.
3. Court cases are expensive to pursue & your lawyer may abandon it at any point if you are not perfecting the brief.
These & many more other reasons are why in Law Capitol we advise client to hold their break on the “let’s go to court” or “I will sue you” threats and in every contract we are draft or advise on we always include the dispute resolution clause and imbed a proviso that allows going to court only as a last resort after every other dispute resolution method has been engaged and it failed.
ADR methods include; mediation, arbitration, conciliation, and negotiation. These processes are used to resolve disputes outside of traditional court litigation. These methods are faster, less expensive, and frequently preserve relationships by avoiding the "win-lose" outcomes of courtroom trials.
Whenever we adopt ADR especially in business/money-related disputes, we often find out that most of the time, the bone of contention is usually a minor misunderstanding between both parties which could be a party feeling cheated and once that misunderstanding is cleared up the dispute is resolved and other times it’s usually an ego fight and once you massage the bruised ego, the problem is solved.
ADR looks for a middle ground for a win-win outcome for both parties as against the win-lose outcome of court processes. That’s why even courts advocate that ADR should be tried out first before a matter is brought before the court for adjudication after ADR has failed and courts seem to be the final resort.