Fundamentals of Law in British Columbia Practice Exam

When a party to a legal dispute refuses to participate in mediation, they may potentially face sanctions imposed by the court. Courts often encourage alternative dispute resolution methods, including mediation, as a way to facilitate settlements and reduce the burden on the judicial system. If one party declines to engage in this process without a compelling reason, the court can interpret this refusal as a lack of cooperation. Consequently, the court has the discretion to impose sanctions, which can include ordering the non-participating party to pay the other party's costs related to the mediation or even penalties for not following court procedures aimed at resolving disputes amicably.

Engaging in mediation is often viewed as a necessary step before the court proceedings escalate to trial. The court may look unfavorably upon parties that refuse to mediate, potentially impacting future proceedings, including the allocation of costs after judgment.