Silence can be expensive - the dangers of ignoring an opponent's ADR Request
In PGF II SA v OMFS Co  EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust
Concerning whether an unreasonable refusal to engage in alternative dispute resolution ("ADR") justified the imposition of a costs sanction. In PGF, the court held that a failure to respond to repeated invitations to participate in ADR was inherently unreasonable and should attract a costs sanction, regardless of whether a reasoned outright refusal would have been justifiable. For the full case comment please click here.
  EWCA Civ 576,  1 W.L.R. 3002