PGF II SA v. OMFS Company 1 Ltd  EWCA Civ 1288
Mann v. Mann  EWHC 537 (Fam)
No party to litigation can be forced into ADR against their will. No court order can compel an unwilling litigant to indulge in such a process. No court can prevent a person having access to justice merely because of their refusal to participate in this type of voluntary procedure. Such is the current state of the law with but one exception - FDR (essentially a judge-led mediation) can be ordered in family cases with uncertain consequences if a party contemptuously refuses to attend.
At present, FDR apart, the most that a court can do is to encourage ADR by ordering a stay or adjournment for a limited period and, if that fails, imposing a costs sanction on a recalcitrant party. However, the pressure is mounting on parties to engage in ADR as may be seen in two recent cases, PGF II SA v. OMFS Company 1 Ltd  EWCA Civ 1288 and Mann v. Mann  EWHC 537 (Fam). Essentially, in order to avoid being heavily penalised in costs whatever the outcome, a party will need to give very good reasons at the time why ADR is refused.