'I WANT WHAT'S BEST ... FOR ALL SURVIVORS'

Bishop Edward B. Scharfenberger remains focused on all victims/survivors and believes mediation remains the best course of action for those who have suffered alleged abuse from priests and others in the 14-county Diocese.

“It’s the only rational way if we are concerned about all people,” Bishop Scharfenberger said in an interview with The Evangelist on Tuesday, July 12. “I don't understand why attorneys representing dozens of survivors would not see this as the only way all of the people they represent can receive some fair and equitable fund. 

“I would hasten that for my clients. I am a lawyer after all, but above all, I am a shepherd of all God’s people, including survivors and families hurt by abuse … My view is that I feel it is my obligation to promote and advocate for all survivors. What we are trying to do now is focus on financial redress for a specific group of survivors that happens to fall within the (Child Victims Act) … for them it provides a less traumatic process and a larger sum is possible for those survivors.”

Attorneys representing the more than 400 plaintiffs in the cases met twice this week with diocesan lawyer Michael Costello in conference calls with State Supreme Court Judge L. Michael Mackey. Two Evangelist reporters also attended both conference calls.

The Diocese of Albany released a draft of a mediation proposal on July 7 that was panned during the first conference call on Monday, July 11, with plaintiffs’ lawyers saying it was taking the power away from victims/survivors. They also rejected a request by Costello for a “pause” in litigation while the mediation process was taking shape. 

On July 13, Costello withdrew his request for a pause in litigation, while plaintiffs’ lawyers moved ahead with a standard mediation/arbitration plan for victims/survivors, rejecting the Diocese's plan. During the call, it was also announced that Simone Lelchuk, a New York City attorney and a full-time mediator since 2014 who has worked with sexual misconduct funds and with sexual assault victims/survivors, and Paul Finn, who mediated the 552 claims of alleged victims of sexual abuse by priests from the Archdiocese of Boston, were agreed upon as mediators.

“We reaffirmed that victims/survivors are free to go public with a mediation award or outcome and not bound by a confidentiality requirement,” Costello emailed The Evangelist after the second meeting. “We also confirmed that discovery will continue during the mediation process. The previous request for pause of the pending trials has been withdrawn with the parties following the guidance of the mediators.”

Throughout the meetings July 7, the specter of bankruptcy was brought up, which Bishop Scharfenberger adamantly believes will benefit no one.

“Bankruptcy, nobody wants that," the Bishop added. "… It does not make sense for everybody if the goal is to help everybody get something and in a fair way.”

Four dioceses in New York State - Rochester, Syracuse, Buffalo and Rockville Center - have declared bankruptcy since 2019. In Rochester, the legal maneuvering continues after nearly three years. 

“They are at a standstill right now; this is almost three years. They are still wrangling because the wrangling goes on even into bankruptcy,” the Bishop said. “We know from the experience of these four dioceses that this is just draining the pot. But there is precedent for (the mediation plan). Boston did it, New York, prior to the CVA did it; it is not as though this is unheard of. The victims will have their ‘day in court’ but rather than in front of a jury, it is in front of a group of professional, neutral mediators who have experience with these conflicts. Which is what bankruptcy would have to do eventually anyway.”

One of the terms brought up repeatedly by plaintiffs’ lawyers July 11 was “pot of money” or the “pot.” They wanted a financial number mediated and decided upon and then that would be brought to their clients. What has happened in mediation in past abuse cases in other dioceses, they added, was once the number was settled upon, a certain percentage of their clients would have to vote in favor of the number - and if that number was reached, say 80 percent - then mediation would begin on a case-by-case basis. In this arrangement, there would also be an opt-out if plaintiffs wanted to continue litigation. In terms of “pots,” last month, the Diocese of Rochester offered nearly $148 million to settle claims with 475 alleged abuse victims. And in April, the Diocese of Camden (N.J.) agreed to pay nearly $88 million to settle over 300 alleged abuse cases. 

“It does make sense to try to assist survivors with some financial means to do what they want to do, but it is not compensation in any way,” Bishop added. “‘Pot of money?’ To me it sounds so cold. I always hate this term ‘package’ - here is your dropoff package, now go away - and that is so far from my heart because that is not the way I treat victims, that is not the way my relationship with survivors has been. I talk to them, I listen, I accompany, I commiserate. ‘Pot of money’ is a headline grabber but it is not the reason that we are doing this.”

The reason, he added, is to help survivors find complete healing. 

“From my point of view, I understand that lawyers have to do what they need to do on all sides. I am not the lawyer in this case, so I am not going to speak as an attorney. I am speaking as a pastor and what I really want out is that I want to help all survivors find healing of body, heart and soul. That’s what I want,” Bishop Scharfenberger said. “Yes, that does include arranging for financial redress - call it ‘pot of money’ - resources that they need and, for this specific group of survivors of abuse, that happens to fall in the CVA. 

“I am convinced that (mediation) is really the only way that can be provided in a shorter and less traumatic way for those to share. Whereas all other legal options will siphon off substantial sums. And where is that money going to go? … So let's get this done.”