costs sanction(Sabotaging the effort at ADR can be penalised in costs if the case comes back to the courts. This happened in Dunnett v. Railtrack Plc where the Court of Appeal refused to give the successful defendants their costs because they had refused to consider ADR which the trial judge had urged should be attempted when he granted leave to appeal from his decision. CME Alexander Demidov)
due-process rights(To protect the suspect's due-process rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a preliminary hearing, at which a judge determines whether there was probable cause to arrest the suspect who is in custody. 4uzhoj)