If a party refuses ADR, what might occur at the end of the case?

If a party refuses ADR, what might occur at the end of the case?

• A. The case is automatically stayed until ADR is completed.
• B. The non-participating party may be fined.
• C. The trial date is moved earlier.
• D. A costs sanction may be imposed on them at the conclusion of the proceedings.

Answer: (D)

When ADR is part of the court’s process, a party that unreasonably refuses to participate can face costs sanctions. The purpose is to penalize non-cooperation and to reflect the wasted costs and time caused by not engaging in ADR. At the end of the case, the court may order the non-participating party to pay the other side’s costs (often an adverse costs order, potentially on an indemnity basis). This is a costs consequence, not a criminal fine, not an automatic stay, and it does not move the trial date earlier.

When ADR is part of the court’s process, a party that unreasonably refuses to participate can face costs sanctions. The purpose is to penalize non-cooperation and to reflect the wasted costs and time caused by not engaging in ADR. At the end of the case, the court may order the non-participating party to pay the other side’s costs (often an adverse costs order, potentially on an indemnity basis). This is a costs consequence, not a criminal fine, not an automatic stay, and it does not move the trial date earlier.