Roman Catholic Church officials and attorneys for alleged victims of sexual abuse by priests in California’s Los Angeles and Orange Counties agreed Tuesday to negotiate more than 100 claims rather than engage in immediate lawsuits under a controversial state law that takes effect Wednesday.
Attorneys for both sides and a Los Angeles Superior Court spokesman confirmed the broad outlines of the mediation effort on new cases that would be covered under the state law, which lifts the statute of limitations on molestation lawsuits for one year.
Under terms of the Los Angeles and Orange mediation, the church and victims would have about 90 days to reach out-of-court settlements, although the mediation could go longer if there were progress, a church attorney said. During this “standstill” period, no new cases would be filed and no action would be taken on cases already pending, according to Allan Parachini, spokesman for Los Angeles County Superior Court.
Although it is uncertain how much money potential settlements would cost the two Catholic dioceses, one knowledgeable church official said insurance payouts would likely cover most of the costs. He said the archdiocese’s “best guess” is that $150 million in insurance money is potentially available.
The cost would depend in part on the number of victims who agree to participate in mediation. Parachini said it is unclear how many cases would be involved.
Mediation, first broached during a Christmas Eve meeting with a Los Angeles Superior Court judge, could offer the church the possibility of quickly putting the protracted sexual-abuse scandal behind it and saving court costs, while offering victims the possibility of faster and larger settlements.
On Tuesday, attorneys for both sides participated in a conference call in which the agreement was reached to try to work out a settlement without the filing of new lawsuits, according to Katherine Kay Freberg, who represents nearly 80 alleged sexual-abuse victims.
For its part, the church said that it would set aside its threatened challenge of the new state law. Church officials have said the law unfairly targets it for old sins while forcing it to defend claims involving dead witnesses, discarded files and faded memories.
The law also covers any other institution or church found to have allowed its employees to molest minors, but the Catholic Church said it was the measure’s real target.
The fact that the Los Angeles archdiocese, led by Cardinal Roger Mahony, will not press its challenge to the law may cause other Catholic bishops in the state to hold their fire as well, a church official said Tuesday.
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The official also confirmed reports that the church would turn over confidential personnel files of accused priests to allow plaintiffs’ attorneys to begin “informal discovery” of the facts surrounding the allegations. But he cautioned that details of how much information would be turned over remains under discussion.
Not all attorneys representing long-ago victims have agreed to mediation.
“I think it’s way too early to talk about mediation because we don’t know about the church’s insurance policies, its assets or the number of cases,” attorney Ray Boucher said.
Attorneys involved in the discussions said Tuesday that the court has limited them in what they can say. Freberg said there was a “gag order.”
Parachini said, “There is nothing sinister or secret about these discussions.”
Tod Tamberg, a spokesman for the Los Angeles Archdiocese, said Tuesday that the church was interested in out-of-court settlements rather than fighting cases in open court.
“Mediation is always better than conflict,” Tamberg said. “The archdiocese believes that legitimate victims of sexual abuse by clergy deserve consideration of compensation for their suffering. . . . “
Tamberg added that money is not enough. He said the archdiocese also offers psychological and spiritual counseling.