CILEx Civil Practice (Level 7) Practice Test

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Which statement correctly reflects the consequence of failing to engage in ADR?

The costs sanction may be imposed on them at the conclusion of the proceedings.

In civil practice there is a duty to consider and engage in ADR (Alternative Dispute Resolution). If a party unreasonably refuses or fails to participate in ADR, the court can impose a costs sanction at the end of the proceedings. This serves as a financial consequence to encourage parties to attempt ADR and to reflect any unnecessary costs caused by the decision not to engage.

That’s why the stated consequence—where a costs sanction may be imposed on the party at the conclusion of the proceedings—is the correct reflection of failing to engage in ADR.

The other possibilities aren’t how this duty is enforced in practice. There isn’t a rule that automatically appoints a special ADR panel merely for failing to engage, there isn’t an automatic move to a jury trial because ADR wasn’t pursued, and ADR isn’t deemed waived for all future disputes.

The court will appoint a special ADR panel.

The case automatically proceeds to jury trial.

ADR is deemed waived for all future disputes.