In civil litigation, failure to participate in ADR can lead to which sanction?

• A. The court may permit extra time for ADR.
• B. A costs sanction may be imposed on them at the conclusion of the proceedings.
• C. The case is automatically dismissed.
• D. The judge replaces the case with a different jurisdiction.

Answer: (B)

There is a duty to consider and participate in ADR to try to resolve disputes before or during litigation. If a party refuses or fails to engage in ADR without a good reason, the court can impose a costs sanction, meaning the non-participating party may have to pay the other side’s costs at the end of the case. This financial consequence encourages use of ADR and compensates the other party for wasted time and resources caused by the failure to engage. It’s not an automatic dismissal or a change of jurisdiction, and extra time for ADR is not itself a sanction. Good reasons for not participating (like illness or a valid disagreement about ADR suitability) are considered by the court before applying any sanction.