February 11, 2005

Davenport Diocese's non-monetary settlement terms

Des Moines Register

February 11, 2005

The Parties to the Release and Settlement Agreement, in an effort to promote healing, to protect children and to promote the resolution of any future claims, agree to the following:

1. The Bishop of the Diocese of Davenport has entered into a Memorandum of Understanding with the Scott County Attorney's Office regarding reporting of sexual abuse of minors. Providing Iowa, Federal and Canon applicable law and regulations permit (Iowa Code Chapter 622.10, etc.), the Bishop will turn over all files on unnamed priests referenced in the February 25, 2004 Bishop's Report to the People, to the County Attorney's Office in accordance with the Memorandum and similarly, the files of priests newly identified in the mediation sessions, as permitted by those persons, will be turned over to the County Attorney.

2. The Claimants Attorneys hereby agree in principle that they will encourage any future claimants to submit their claims for mediation, not litigation, and the attorneys shall offer to be employed on an hourly basis during mediation. Any such mediation shall include adequate discovery of each claim, including: a signed, detailed statement from each new claimant as to what happened, when it happened, and who was involved; a patient's authorization for release of medical records with a complete list of medical and mental health providers; a sworn statement from the claimant; new medical or mental health exams upon request of the Diocese and other investigation reasonably necessary for the Diocese and its insurers to fully evaluate each claim. A tolling agreement similar in form to the agreement currently in effect for mediation claimants shall also be provided. Claimants Attorneys, subject to attorney-client privilege, will provide a list of any known abuse victims.

Posted by kshaw at February 11, 2005 06:24 PM