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

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.