Which of the following may occur if ADR is not used?

• A. A costs sanction may be imposed on them at the conclusion of the proceedings.
• B. The party gains an automatic right to costs.
• C. The case is assigned to a panel for expedited trial.
• D. The mediator's involvement is mandatory.

Answer: (A)

The concept being tested is the duty to consider ADR and the potential costs consequences if ADR is not used. Courts encourage parties to attempt ADR to save time and expense, and they have the power to sanction those who unreasonably refuse to engage in ADR. So, if ADR is not used when appropriate, a costs sanction may be imposed at the end of the proceedings. This reflects the punitive side of the ADR duty, aiming to deter ignoring ADR opportunities and to compensate the other party for the extra costs incurred by the failure to engage.

The other options don’t fit because none automatically follows from not using ADR. There isn’t an automatic right to costs simply because ADR wasn’t used. Expedited-trial panels or expedited case assignments are separate case-management tools and aren’t the standard consequence of avoiding ADR. And mediator involvement isn’t universally mandatory; parties are expected to consider ADR and may use a mediator, but it’s not required in every case.