In PGF II SA v OMFS Co 1 Ltd (2013) EWCA Civ 1288 Briggs LJ stated " In my judgment , the time has now come for this court firmly to endorse the advice given in Chapter 11.56 of the ADR Handbook, that silence in the face of an invitation to participate in Alternative Dispute Resolution is, as a general rule, of itself unreasonable, regardless of whether an outright refusal, or a refusal to engage in the type of ADR requested,or to do so at the time requested, might have been justified by the identification of reasonable grounds"

Furthermore he confirmed that a part 36 offer will not protect you in the event of a failure to participate in ADR