In terms of cost consequences, what can happen for non-engagement in ADR?

• A. The costs are split equally regardless.
• B. A costs sanction may be imposed on them at the conclusion of the proceedings.
• C. The case is put on a fast track.
• D. The mediator's fees are waived.

Answer: (B)

When parties are encouraged to try ADR to settle disputes, the court can penalize someone who unreasonably refuses to participate. The idea is to deter unnecessary litigation and push the matter toward settlement. If a party does not engage in ADR without a good reason, the court may impose a costs sanction at the end of the proceedings. This means that party can be liable for the other side’s costs (or a larger share of costs), rather than following the usual costs rules as if ADR had never been considered. It’s a practical way to reflect the extra time and money wasted when ADR is bypassed without justification.

This isn’t an automatic rule that guarantees punishment in every case, but it is the mechanism the courts use to encourage genuine participation in ADR. The other options don’t fit because ADR involvement isn’t about fast-tracking the case, nor are mediator fees waived simply due to non-engagement, and costs aren’t predetermined to be split equally regardless of ADR activity.