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.