In relation to ADR, not participating may result in which cost-related consequence?

• A. The non-participating party pays no costs.
• B. The case is dismissed with costs to the other party.
• C. A costs sanction may be imposed on them at the conclusion of the proceedings.
• D. The court appoints a second mediator at no cost.

Answer: (C)

Not participating in ADR carries the risk of a costs sanction. If a party unreasonably refuses to engage in mediation or other ADR, the court can order that party to pay the other side’s costs (a wasted costs or general costs sanction) at the end of the proceedings. This mechanism helps ensure ADR is taken seriously and prevents unnecessary delay and expense. It’s not that non-participation automatically means the case is dismissed with costs, nor that a second mediator would be appointed at no cost.