If a Party Refuses to Attempt ADR Pre-Action or Refuses

question 3

Multiple Choice

If a party refuses to attempt ADR pre-action or refuses to co-operate in a stay of proceedings to enable ADR to be attempted which of the following consequences may not be accurate?

• A) The party who has refused ADR may be penalised in any costs recovery and may either not be granted a costs order in his favour even if he subsequently goes on the win his case or he may be ordered to pay indemnity costs to his opponent.
• B) The party may be asked to fully explain his reasons for not cooperating.
• C) The party may be de-barred from future conduct in the action.
• D) The reluctant party may need to justify his actions.

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Definitions:

Lessor

The individual or entity that rents or leases their property or asset to another person, referred to as the lessee.

Operating Leases

Operating leases are contractual agreements in which the lessee pays to use an asset for a short period relative to the asset's life, without assuming the risks and rewards of ownership.

Cancellable

Refers to an agreement or contract that can be terminated or annulled by the involved parties.

Lessor

The entity that rents out a property or asset to another entity, referred to as the lessee.