What is the ADR Process?
The ADR Process is an independent Evaluation of an eligible claim. The Evaluators are retired Judges of the Supreme and High Courts or senior counsel who have prior experience of personal injuries cases. The ADR Process is not a judicial or arbitral process.
How does it work?
Details of the procedure are set out in the ADR Process agreement, approved by the Court on 16 December 2015. In brief, the Claimant’s solicitor must complete and submit Form B with the prescribed accompanying documents to McCann FitzGerald as solicitors for DePuy. If the claim qualifies for the Process and if the prescribed documents accompany Form B, McCann FitzGerald will endorse Form B and return it to the Claimant’s solicitor. The Claimant’s solicitor may then submit the endorsed Form B to the relevant Evaluator, copying McCann FitzGerald, with the other documents as required by the Process. Please refer to the ‘Making a Claim’ tab for a list of these documents. Claimants’ solicitors can easily identify which Evaluator to send the documents to by reference to the last digit of the High Court Record number of their client’s proceedings. The process agreement prescribes further steps that may be taken before the Evaluation occurs.
The Evaluator will evaluate the claim. This non-binding monetary Evaluation will be set out in Form C. A copy of Form C will be sent to both the Claimant’s solicitor and McCann FitzGerald.
Both DePuy and the Claimant may accept the Evaluation within 45 days of the date of Form C. Acceptance will be without admission as to liability and must be communicated in writing either by emails or letters between the parties’ solicitors.
If both parties accept the Evaluation, McCann FitzGerald will send a Settlement Agreement (“Form D”) to the Claimant’s solicitor for execution by the Claimant. DePuy will pay the Evaluation amount within 28 days of receipt of a signed Form D. The Claimant’s party and party costs in respect of the Claimant’s legal proceedings and in respect of the Evaluation are payable by DePuy within 28 days after they are agreed or taxed in default of agreement.
What happens if the Claimant or DePuy does not accept the Evaluation?
If either DePuy or the Claimant rejects, or does not accept the Evaluation in writing within 45 days of the Evaluation date of Form C, the Evaluation shall be deemed lapsed and the Claimant may continue with the existing proceedings.