The mediation process is private and confidential, unlike a case that goes before a judge.
That promise of privacy invites candor — and encourages the parties involved to consider making concessions they might not otherwise make in open court.
"In mediation, the parties themselves get to say how much they're willing to give up — how much they're willing take, if you would, on either side of the table — and come to some resolution," said Christine Kubes, a construction attorney and mediator.
What about compensating victims?
Generally in a bankruptcy, there's not much dispute about individual abuse claims.
After it's determined how much money is available to compensate victims, a court-appointed adjudicator will decide how that money should be allocated to individual victims, based on the severity of abuse suffered. Settlements also typically include an apology to victims.
Insurers and parishes where sex abuse occurred will likely try to make sure that any settlement with victims doesn't leave the door open to abuse lawsuits against individual parishes.
Insurers and parishes may be on the same page in seeking, through the bankruptcy court, some sort of legal protection against future abuse claims
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