Which option best describes a potential end-of-case sanction for not using ADR?

• A. A costs sanction may be imposed on them at the conclusion of the proceedings.
• B. The opposing party receives automatic relief.
• C. The case is automatically remitted to arbitration.
• D. ADR becomes required for all future proceedings.

Answer: (C)

Not using ADR can lead the court to take a step that enforces ADR as the path to resolution. Referring the case to arbitration is a way for the court to ensure the dispute is settled through a formal ADR process, producing a binding decision without a full trial. This end-stage action serves the aim of encouraging ADR and reducing court resource use, making it a concrete sanction tied to non-compliance with ADR encouragement. While costs penalties can be part of sanctions for not engaging in ADR, a direct referral to arbitration specifically addresses the failure to use ADR and compels resolution through an arbitral process, which is why it’s described as the best sanction in this context.