Private Mediator for Church Sex Abuse Cases Comes with Hefty Price Tag

By Krystal Paco
KUAM
August 25, 2017

http://www.kuam.com/story/36215049/2017/08/25/private-mediator-for-church-sex-abuse-cases-comes-with-hefty-price-tag

How deep do their pockets go? The Archdiocese of Agana likely to go for broke due to the millions of dollars in lawsuits it faces from decades of clergy sex abuse. And although a majority of the cases are anticipated to be settled out of court - getting a private mediator to serve as a middleman will come at a hefty price tag.

That was the issue raised in court today - and why the chief judge herself is proposing a cheaper alternative.

Private mediator or sitting judge? Parties in the nearly 100 cases of clergy sex abuse could save thousands of dollars if they opt for the latter. Attorney Jacque Terlaje said, "I was told by my colleagues that the rate that is being proposed for this private mediation is a $10,000 per day just for the mediator." Terlaje represents Archbishop Anthony Apuron.

The plaintiffs' attorney, David Lujan, meanwhile, staying mum on the price of his chosen mediator, only commenting, "I can't say it." When asked whether it might be $10,000, he replied, "Whatever it is, it is."

On Friday, Chief Judge Frances Tydingco-Gatewood called parties to her courtroom to propose they use a mediator already on staff. namely Judge Alex Munson. Not only is he an experienced mediator, his services would be at no expense to parties. Parties agreed to consider her recommendation, but only after meeting with Oregon-based private mediator and retired federal judge Michael Hogan on September 5 in Hawaii.

The Chief Judge - being her first time hearing the cases - sounded optimistic for global settlement.

Parties, post hearing however, didn't sound convinced. Terlaje stated, "It's not that the judge is suggesting that we have a global settlement, but because of the nature of the case, seeing the many plaintiffs that there are, the many defendants that there are, that there is a hope that there would be some form of global settlement. But this is all very prospective and potential. It's not something that's set in stone whatsoever."

Lujan added, "We're not interested in that global settlement. We want individual settlements because each client's injury is different from other clients, so you can't just get a number and split it up 100 times."

Though Terlaje has made it clear her client wouldn't participate in settlement talks, she advised the court that she is open to the Chief Judge's suggestion, but will wait and see what parties come up with after meeting with Hogan in Hawaii.

"It still is a scam. Apuron is a scam. You see now that Apuron is willing to get into the settlement discussions, huh?" Lujan continued.

A hearing on Apuron's motion to dismiss is set for August 29 in the federal court. According to the court's count - there are 78 cases of clergy sex abuse filed in the District Court of Guam and 18 cases filed in the Superior Court of Guam.

Parties will return to court on September 12 to advise the court on whether they'll be in need of Judge Munson's services.