What is a potential consequence of not engaging in ADR during litigation?

What is a potential consequence of not engaging in ADR during litigation?

• A. A costs sanction may be imposed on them at the conclusion of the proceedings.
• B. The judge prohibits them from filing further claims.
• C. The case automatically proceeds to a bench trial.
• D. The other party loses the right to request costs.

Answer: (A)

Not engaging in ADR can trigger a costs sanction because courts want disputes to be resolved efficiently and at lower cost. If a party unreasonably refuses to participate in negotiation, mediation, or other ADR steps, the court may view that conduct as adding unnecessary expense and time to the case. To deter this behavior and to reflect the extra costs caused by the failure to ADR, the court can order the party who refused to pay the other side’s costs or a portion of them at the end of the proceedings. This is a practical way to align incentives with the purpose of ADR. The other options don’t fit because a failure to engage in ADR doesn’t automatically bar filings, force a bench trial, or deprive the other party of the right to seek costs. The sanctions focus on cost consequences for the party’s conduct, not on changing the basic procedural or rights framework of the case.

Not engaging in ADR can trigger a costs sanction because courts want disputes to be resolved efficiently and at lower cost. If a party unreasonably refuses to participate in negotiation, mediation, or other ADR steps, the court may view that conduct as adding unnecessary expense and time to the case. To deter this behavior and to reflect the extra costs caused by the failure to ADR, the court can order the party who refused to pay the other side’s costs or a portion of them at the end of the proceedings. This is a practical way to align incentives with the purpose of ADR.

The other options don’t fit because a failure to engage in ADR doesn’t automatically bar filings, force a bench trial, or deprive the other party of the right to seek costs. The sanctions focus on cost consequences for the party’s conduct, not on changing the basic procedural or rights framework of the case.