Cautious optimism in clergy sex abuse pre-mediation talks

By Haidee V Eugenio
Pacific Daily News
September 5, 2017

http://www.guampdn.com/story/news/2017/09/05/cautious-optimism-clergy-sex-abuse-pre-mediation-talks/628122001/

The Dulce Nombre de Maria Cathedral-Basilica in Hagatña is the largest church of the Archdiocese of Agana, which has asked the U.S. District Court of Guam to consolidate all current and future clergy sex abuse lawsuits for pre-trial purposes.

Pre-mediation talks began Monday in Honolulu to discuss settling the more than 100 cases alleging child sex abuse by Guam clergy and others related to the church.

If the parties do not agree to written mediation protocols, formal mediation talks might not happen as planned in October, and the cases could go to trial, according to those attending the talks.

Among other things, the parties have not yet agreed on whether retired Oregon Judge Michael Hogan should serve as the mediator. A meeting with Hogan, originally scheduled for Tuesday in Honolulu won't happen.

"We're cautiously optimistic. There are significant issues," said Hawaii-based attorney Randall L.K.M. Rosenberg, who is working with Guam attorney Anthony Perez and other U.S. mainland-based lawyers to represent nine clergy sex abuse plaintiffs. They will file a 10th clergy sex abuse lawsuit soon, he said.

Rosenberg said the Archdiocese of Agana is willing to settle the cases out of court, but only wants to pay based on its insurance coverage and whatever other money it can raise.

The archdiocese earlier this year announced it had provided $1 million in seed money to help settle the claims. It also announced the proposed sale of 41 non-essential assets.

For the 80-plus lawsuits filed in federal court alone, the minimum demand in damages is now $675 million. That does not include damages for nearly two dozen cases filed in local court.

Archbishop Anthony S. Apuron, through his attorney Jacqueline Terlaje, is the only party in the clergy abuse lawsuits that is not participating in proposed mediation at this point.

Rosenberg said their law firms objected to having Hogan act as a mediator for the Guam clergy sex abuse cases, citing previous difficulties in the handling of cases. Lawyers for the parties will meet again Tuesday in Hawaii.

Other parties had raised concerns about the hefty price tag to have a retired judge sit as a mediator. Apuron's attorney said it could be about $10,000 a day in mediator fees alone.

U.S. District Court Chief Judge Frances Tydingco-Gatewood has offered the use of a sitting federal judge to mediate the proposed settlement, at no cost to the parties. She gave the parties up to Sept. 12 to tell her whether they'd agree to use Judge Alex Munson.

Guam-based attorney Kevin Fowler, who has partnered with Seattle-based attorneys Jason Amala and Michael Pfau to represent clergy abuse survivors, said they are working with the other parties to see if they can find a process that will be fair to everyone.

"We have not advocated for or against any particular mediator, but believe the parties have a mutual interest in finding someone with experience mediating these types of claims," said Fowler, who's in Honolulu along with Amala.

Fowler said their goals in a mediation are to help their clients begin to find closure, while at the same time ensuring there is transparency and accountability about what allowed the abuse to occur.  

"All of our clients want to make sure that history does not repeat itself," he said. "We believe a successful mediation will require the full participation of many different parties, including the Archdiocese, the Boy Scouts, the Capuchins, and their respective insurers." 

Guam-based attorney Michael Berman, who represents two clergy sex abuse plaintiffs, confirmed via email his participation in the Honolulu meetings.

Attorney David Lujan, who represents about 80 plaintiffs who filed their clergy sex abuse cases in federal court, also is in Honolulu for the pre-mediation meetings.

On the defendants' side, present at the Honolulu meetings were: Archdiocese of Agana counsels John Terlaje and Michael Patterson; the archdiocese's Hope and Healing Executive Director Michael Caspino; Boy Scouts of America's attorneys, including Guam-based Patrick Civille; and Wayson Wong, representing former priest David Anderson.