Not engaging in ADR can lead to which end-of-case penalty?

• A. The case is automatically stayed until ADR is completed.
• B. The judge orders additional ADR sessions at no cost.
• C. The case is dismissed without any costs consequences.
• D. A costs sanction may be imposed on them at the conclusion of the proceedings.

Answer: (D)

ADR is encouraged because settling without a trial saves time and costs. When a party unreasonably refuses to engage in ADR, the court can reflect that conduct in a costs order at the end of the case. In practice, this means the non-engaging party may be ordered to pay more of the other side’s costs, or otherwise bear the consequences of wasted ADR efforts. The sanction is about costs, not automatic stays, free ADR sessions, or dismissal without costs.