العرض فقط
0:04
S… Speaker 1 (1779729902449)
Okay.
0:04
S… Speaker 1 (1779729902449)
Good morning again.
0:05
S… Speaker 2 (1779729902449)
Good morning.
0:07
S… Speaker 2 (1779729902449)
Melissa,
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S… Speaker 2 (1779729902449)
Bob,
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S… Speaker 1 (1779729902449)
it's good to see you both again.
0:12
S… Speaker 1 (1779729902449)
I appreciate your continued confidence in this process of mediation
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S… Speaker 1 (1779729902449)
and certainly bringing your clients here today as well.
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S… Speaker 1 (1779729902449)
Rosanna,
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S… Speaker 1 (1779729902449)
David, welcome.
0:21
S… Speaker 1 (1779729902449)
Ivy, welcome.
0:23
S… Speaker 1 (1779729902449)
I know these are sort of difficult issues.
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S… Speaker 1 (1779729902449)
We're going to talk about them shortly.
0:27
S… Speaker 1 (1779729902449)
I do appreciate Noe,
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S… Speaker 1 (1779729902449)
Julie, the expert assistants as well as we work through some technical
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S… Speaker 1 (1779729902449)
issues.
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S… Speaker 1 (1779729902449)
At the same time,
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S… Speaker 1 (1779729902449)
we work through emotional issues.
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S… Speaker 1 (1779729902449)
Let me start with that observation for a moment.
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S… Speaker 1 (1779729902449)
I read a number of the briefs that were submitted.
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S… Speaker 1 (1779729902449)
I read them last night.
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S… Speaker 1 (1779729902449)
I looked through medical records.
0:47
S… Speaker 1 (1779729902449)
I looked through a lot of the paper.
0:49
S… Speaker 1 (1779729902449)
But every dispute is unique,
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S… Speaker 1 (1779729902449)
as unique as the people who come to the table.
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S… Speaker 1 (1779729902449)
And we're going to spend a lot of time today trying to better understand the uniqueness of
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S… Speaker 1 (1779729902449)
this issue in particular.
1:00
S… Speaker 1 (1779729902449)
But as I was reflecting on the briefs and the legal issues that
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S… Speaker 1 (1779729902449)
are involved in this case,
1:06
S… Speaker 1 (1779729902449)
it dawned on me that really this is a reflection of
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S… Speaker 1 (1779729902449)
a much broader conversation we're all having.
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S… Speaker 1 (1779729902449)
All of us.
1:14
S… Speaker 1 (1779729902449)
at some point in our lives we'll have to wrestle with these difficult issues
1:18
S… Speaker 1 (1779729902449)
of how to care for our aging parents.
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S… Speaker 1 (1779729902449)
And how we do that with love and compassion against
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S… Speaker 1 (1779729902449)
a backdrop of all the busy lives that we lead
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S… Speaker 1 (1779729902449)
and the economic limitations that we have and the regulatory
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S… Speaker 1 (1779729902449)
environment that this is in,
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S… Speaker 1 (1779729902449)
that really presents one of the more challenging social issues
1:41
S… Speaker 1 (1779729902449)
for our generation,
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S… Speaker 1 (1779729902449)
it would seem to me.
1:43
S… Speaker 1 (1779729902449)
And yet you guys represent the point of the spear,
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S… Speaker 1 (1779729902449)
if you will,
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S… Speaker 1 (1779729902449)
on bringing that issue to today's conversation.
1:50
S… Speaker 1 (1779729902449)
I fully understand that these present emotional issues.
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S… Speaker 1 (1779729902449)
What's more emotional than dealing with the care of your parent?
1:57
S… Speaker 1 (1779729902449)
I appreciate there are issues in dispute.
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S… Speaker 1 (1779729902449)
That's why we're here.
2:00
S… Speaker 1 (1779729902449)
But this process is all about listening to what those issues
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S… Speaker 1 (1779729902449)
are and trying to find some solution that works for both the family and
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S… Speaker 1 (1779729902449)
IV for Golden Acres.
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S… Speaker 1 (1779729902449)
Let me tell you a little bit about the mediation process itself.
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S… Speaker 1 (1779729902449)
My understanding is that for the participants,
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S… Speaker 1 (1779729902449)
particularly David,
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S… Speaker 1 (1779729902449)
Rosanna, Ivy,
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S… Speaker 1 (1779729902449)
this is the first time through this process.
2:23
S… Speaker 1 (1779729902449)
I know Bob and I know Melissa from other cases,
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S… Speaker 1 (1779729902449)
so I know you're well represented.
2:26
S… Speaker 1 (1779729902449)
And I know part of that representation is they've done a good job in preparing
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S… Speaker 1 (1779729902449)
you for today.
2:31
S… Speaker 1 (1779729902449)
But I do think it's important you hear from me personally what's involved.
2:36
S… Speaker 1 (1779729902449)
You've both trusted a great deal just to come into this room and be prepared
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S… Speaker 1 (1779729902449)
in a few minutes to share what you're comfortable sharing with each other and with me.
2:44
S… Speaker 1 (1779729902449)
And we'll do that as long as it makes sense,
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S… Speaker 1 (1779729902449)
as long as everybody can operate in this environment and feels like it's productive,
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S… Speaker 1 (1779729902449)
I'll assist you in working through it.
2:53
S… Speaker 1 (1779729902449)
At an appropriate time,
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S… Speaker 1 (1779729902449)
we'll adjourn from this.
2:55
S… Speaker 1 (1779729902449)
We'll meet privately.
2:56
S… Speaker 1 (1779729902449)
And in a series of private meetings today,
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S… Speaker 1 (1779729902449)
I'll go back and forth between you.
3:01
S… Speaker 1 (1779729902449)
At times,
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S… Speaker 1 (1779729902449)
listening.
3:02
S… Speaker 1 (1779729902449)
At times,
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S… Speaker 1 (1779729902449)
offering different perspectives.
3:06
S… Speaker 1 (1779729902449)
ultimately trying to help you find solutions.
3:09
S… Speaker 1 (1779729902449)
So that's the process in a nutshell.
3:12
S… Speaker 1 (1779729902449)
It's a flexible process.
3:14
S… Speaker 1 (1779729902449)
If there are things that you think we can do differently or just have ideas
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S… Speaker 1 (1779729902449)
about what you'd like to see happen next,
3:20
S… Speaker 1 (1779729902449)
by all means,
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S… Speaker 1 (1779729902449)
raise those issues and we'll talk about them.
3:23
S… Speaker 1 (1779729902449)
If they make sense,
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S… Speaker 1 (1779729902449)
we'll implement them.
3:25
S… Speaker 1 (1779729902449)
It's important to talk for a moment about your roles in this process,
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S… Speaker 1 (1779729902449)
because part of the reason you're in this room,
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S… Speaker 1 (1779729902449)
part of the reason that we've asked you to come today,
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S… Speaker 1 (1779729902449)
is because this process of mediation really does involve you.
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S… Speaker 1 (1779729902449)
to a much greater and more important extent than you are involved in the litigation
3:42
S… Speaker 1 (1779729902449)
process, for example.
3:43
S… Speaker 1 (1779729902449)
So I look to each of you to help educate me about
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S… Speaker 1 (1779729902449)
what's brought us to this moment.
3:49
S… Speaker 1 (1779729902449)
I look to each of you to participate in the conversations to the extent
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S… Speaker 1 (1779729902449)
you're capable.
3:54
S… Speaker 1 (1779729902449)
If that involves emotions,
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S… Speaker 1 (1779729902449)
I hope it does.
3:57
S… Speaker 1 (1779729902449)
At the same time,
3:59
S… Speaker 1 (1779729902449)
I ultimately look to you to participate with your lawyers in trying to
4:04
S… Speaker 1 (1779729902449)
fashion decisions that meet your needs,
4:05
S… Speaker 1 (1779729902449)
because at the end of the day,
4:07
S… Speaker 1 (1779729902449)
that's what this process is about.
4:08
S… Speaker 1 (1779729902449)
My role's a little bit different.
4:11
S… Speaker 1 (1779729902449)
As I said earlier,
4:12
S… Speaker 1 (1779729902449)
you're well represented by counsel,
4:13
S… Speaker 1 (1779729902449)
Ivy.
4:14
S… Speaker 1 (1779729902449)
You have a law degree by training,
4:17
S… Speaker 1 (1779729902449)
so you appreciate that I don't represent you.
4:19
S… Speaker 1 (1779729902449)
David,
4:20
S… Speaker 1 (1779729902449)
Rosanna, I don't represent you.
4:21
S… Speaker 1 (1779729902449)
But I am committed to your interests,
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S… Speaker 1 (1779729902449)
and I am committed to try and help you work through these and see what we can reach at
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S… Speaker 1 (1779729902449)
the end of the day that makes sense for both of you.
4:31
S… Speaker 1 (1779729902449)
Somebody once described my role as being a bit of a host at
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S… Speaker 1 (1779729902449)
your dispute,
4:36
S… Speaker 1 (1779729902449)
and that resonated with me as I thought about my responsibilities for helping
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S… Speaker 1 (1779729902449)
assist you throughout the course of the day,
4:43
S… Speaker 1 (1779729902449)
not just in terms of making you comfortable,
4:45
S… Speaker 1 (1779729902449)
but also in terms of guiding you through this process in a way
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S… Speaker 1 (1779729902449)
that really gets you to where you need to be at the end of the day.
4:52
S… Speaker 1 (1779729902449)
Not to strain the metaphor too much,
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S… Speaker 1 (1779729902449)
but it is your party.
4:56
S… Speaker 1 (1779729902449)
And at the end of the day,
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S… Speaker 1 (1779729902449)
it's ultimately about what you want.
4:58
S… Speaker 1 (1779729902449)
So I view my role as helping to get you educated so you can
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S… Speaker 1 (1779729902449)
make those informed,
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S… Speaker 1 (1779729902449)
intelligent decisions that meet your needs today.
5:06
S… Speaker 1 (1779729902449)
And that's really my objective.
5:09
S… Speaker 1 (1779729902449)
It doesn't mean I won't offer thoughts or observations throughout the day.
5:12
S… Speaker 1 (1779729902449)
I clearly will.
5:13
S… Speaker 1 (1779729902449)
I'll test you.
5:14
S… Speaker 1 (1779729902449)
At times,
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S… Speaker 1 (1779729902449)
I may test your patients.
5:16
S… Speaker 1 (1779729902449)
I'll apologize in advance for that.
5:18
S… Speaker 1 (1779729902449)
But that's part of this process,
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S… Speaker 1 (1779729902449)
is to help you look at this from a variety of different perspectives.
5:22
S… Speaker 1 (1779729902449)
All right.
5:24
S… Speaker 1 (1779729902449)
Logistically,
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S… Speaker 1 (1779729902449)
this process will be about half an hour this morning before we get a break and
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S… Speaker 1 (1779729902449)
get to meet privately.
5:30
S… Speaker 1 (1779729902449)
As you came in today,
5:32
S… Speaker 1 (1779729902449)
you passed the lunchroom.
5:34
S… Speaker 1 (1779729902449)
You're welcome to help yourself to anything in the refrigerator.
5:36
S… Speaker 1 (1779729902449)
We'll bring in lunch.
5:37
S… Speaker 1 (1779729902449)
What I like to do is continue working through the day.
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S… Speaker 1 (1779729902449)
My expectation is that we're all here for the
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S… Speaker 1 (1779729902449)
balance of the day,
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S… Speaker 1 (1779729902449)
committed to this process as long as it makes sense to continue.
5:48
S… Speaker 1 (1779729902449)
My experience is that the longer you stick with it,
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S… Speaker 1 (1779729902449)
the better chance of success.
5:55
S… Speaker 1 (1779729902449)
Sometimes people get impatient.
5:56
S… Speaker 1 (1779729902449)
I understand that.
5:57
S… Speaker 1 (1779729902449)
I would ask you to consider the alternative,
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S… Speaker 1 (1779729902449)
which is this year -long,
6:01
S… Speaker 1 (1779729902449)
two -year -long litigation process that's out there to be avoided if at all possible.
6:06
S… Speaker 1 (1779729902449)
So give me as much patience,
6:08
S… Speaker 1 (1779729902449)
as much commitment as you can today,
6:10
S… Speaker 1 (1779729902449)
and I'll be the last one to turn the lights off as long as it seems like we're making sense,
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S… Speaker 1 (1779729902449)
making progress.
6:16
S… Speaker 1 (1779729902449)
Before we roll up our sleeves and get into more of the detail of things,
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S… Speaker 1 (1779729902449)
do any of you,
6:21
S… Speaker 1 (1779729902449)
particularly those of you here for the first time,
6:23
S… Speaker 1 (1779729902449)
have questions about this process,
6:25
S… Speaker 1 (1779729902449)
about how we're going to proceed today?
6:27
S… Speaker 2 (1779729902449)
No?
6:31
S… Speaker 1 (1779729902449)
Everybody okay to get started?
6:32
S… Speaker 1 (1779729902449)
All right.
6:34
S… Speaker 1 (1779729902449)
Then I think what I'd like to do,
6:35
S… Speaker 1 (1779729902449)
this is my opportunity now to indulge my curiosity,
6:39
S… Speaker 1 (1779729902449)
meaning that I did spend a bit of time last night going through
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S… Speaker 1 (1779729902449)
all the documents that were provided me,
6:45
S… Speaker 1 (1779729902449)
the briefs,
6:46
S… Speaker 1 (1779729902449)
the medical records,
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S… Speaker 1 (1779729902449)
statements from some witnesses,
6:48
S… Speaker 1 (1779729902449)
but that's just paper.
6:50
S… Speaker 1 (1779729902449)
And now it's my opportunity to really get to know each of you and
6:54
S… Speaker 1 (1779729902449)
to really better understand what brought us to this moment.
6:57
S… Speaker 1 (1779729902449)
So I'll apologize again in advance because my approach is to
7:01
S… Speaker 1 (1779729902449)
from time to time interrupt and ask questions,
7:03
S… Speaker 1 (1779729902449)
keep this conversational.
7:04
S… Speaker 1 (1779729902449)
But however you choose to do it,
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S… Speaker 1 (1779729902449)
I'd like to have an approach to just talking about from your
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S… Speaker 1 (1779729902449)
perspective what brought us to this moment.
7:13
S… Speaker 1 (1779729902449)
And I'll start with Melissa and certainly Rosanna and David.
7:16
S… Speaker 1 (1779729902449)
And as we've discussed,
7:17
S… Speaker 1 (1779729902449)
you're free to participate at any point you feel that's helpful or appropriate.
7:21
S… Speaker 1 (1779729902449)
And then obviously Bob will hear from you and your client as well.

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