The Coalition then stepped in to fill the role of Ombuds for Jim and the Neighbors. ADR is preferable to litigation when Both sides are comparable in terms of business, sophistication, financial resources, etc. The respective attitude of each side towards the other is relatively objective, respectful, open-minded, or at least tolerant. An inexpensive resolution of the dispute is important. The issues involved in the dispute are delicate and involve testimony of directors or senior management, production of sensitive materials, divulgence of trade secrets or important competitive information, etc.
Confidentiality regarding the proceedings is important.
Publicity concerning the dispute or its outcome should be avoided. The issues involved in the dispute are highly technical and can be thoroughly understood only by someone with special expertise. The costs of pursuing litigation are disproportionately large in comparison to what either side can reasonably expect to recover or save. Tensions and emotions are impeding communication. Issues are sensitive and personal.