Ruling Ends Abuse Mediation Efforts

Efforts to mediate 60 lawsuits against the Diocese of Orange alleging sexual abuse by clergy ended Friday when a judge ruled that plaintiffs’ lawyers should be allowed to take sworn testimony from Bishop Tod D. Brown and other top church officials.

In a five-page order, Los Angeles County Superior Court Judge Peter D. Lichtman said further talks under the strict confidentiality rules that govern mediation “would be counterproductive and would actually serve as an impediment to further settlement discussions.”

The order ends 19 months of closed-door mediation between lawyers for the diocese and plaintiffs to resolve the lawsuits without going to trial. Lichtman, however, said he would continue efforts to negotiate a settlement between the parties but under a less restrictive forum.

A recent state Supreme Court ruling aimed at encouraging open mediation prohibits documents prepared for those closed-door talks to be used at trial.

“It means that the court is frustrated,” said Raymond P. Boucher, lead counsel for the hundreds of cases against the Roman Catholic Church in Southern California. Lichtman’s new approach to negotiating a settlement, he said, “gives the parties an opportunity to more fully and more publicly” discuss the issues.

Lichtman is serving as a mediator for more than 500 cases against the Los Angeles Archdiocese and at least 100 more against the San Diego and San Bernardino dioceses. Friday’s ruling does not affect those cases.

As the mediator in the Diocese of Orange cases, Lichtman does not have authority to order depositions. He made his recommendation to the trial judge.

Lichtman also sought the judge’s guidance on stalled negotiations between the diocese and its insurance carriers. The firms have refused to contribute to a financial settlement with the alleged victims.

In addition to Brown, Lichtman said the plaintiffs’ lawyers want to depose former Orange Bishop Norman F. McFarland, Auxiliary Bishop Jaime Soto, former Auxiliary Bishop Michael Driscoll and former Vicar General John Urell.

They also want to question some of the accused: Msgr. Michael A. Harris, former Santa Rosa Bishop G. Patrick Ziemann and Fathers John Lenihan and Daniel Murray.