What is a possible outcome at the end of proceedings for someone who did not engage in ADR?

• A. The court may award costs to the other party.
• B. ADR is mandatory in all cases thereafter.
• C. The trial is postponed indefinitely.
• D. A costs sanction may be imposed on them at the conclusion of the proceedings.

Answer: (D)

When ADR is offered in civil proceedings, parties are expected to consider it as a way to settle the dispute without a full trial. If a party unreasonably refuses to participate in ADR, the court has power to impose a costs sanction at the end of the proceedings. This means the party who did not engage in ADR may be ordered to pay the other side’s costs (often on an indemnity basis), serving as a penalty for not taking part in ADR and an incentive to engage with it. The sanction focuses on cost consequences rather than on the merits of the case, and it aligns with the court’s aim to encourage early, cost-effective resolution. The other options describe broader or different outcomes that aren’t specifically tied to failing to engage in ADR.