Another attempt at mediation in the ongoing series of clergy sex abuse cases has been tentatively scheduled for early May, according to attorney Delia Lujan Wolff, whose firm is representing about half of the more than 250 claimants.
She appeared at the District Court of Guam on Monday to argue a motion to lift the stay on litigation proceedings and allow at most four claimants to proceed with trial, which the court ultimately denied.
The purpose of the request, according to Wolff, was to determine the value of claims as well as settle issues with the church's insurance.
The motion stated that the church maintained liability insurance during the years in which claimants were allegedly abused, from at least the 1950s through the 2010s. Insurers were notified and some have acknowledged their responsibility to defend the church.
A stay on litigation was placed after the Archdiocese of Agana filed for bankruptcy more than a year ago, but the church hasn't initiated any action to compel insurers to meet their contractual obligations, according to the motion.
"The recent mediation session was materially undermined by certain insurers' refusal to even show up for mediation at all," the motion stated.
Wolff said Monday that time was not on their side. Many of the claimants are now in their 50s and 60s, and some have died, she said.
But District Court Chief Judge Frances Tydingco-Gatewood had several concerns with the motion, such as the selection process for the four claimants and what would happen if a claimant succeeded and wanted to collect on their judgment, or decided to settle.
Wolff said they would not seek to enforce judgments.
In opposing the motion, the church's attorneys denied that insurers failed to come to the table.
"National Union Insurance Company of Pittsburgh and the Continental Insurance Company appeared at the mediation and mediated in good faith," the opposition stated.