1779729902449

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,

0:09

S… Speaker 2 (1779729902449)

Bob,

0:10

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

0:16

S… Speaker 1 (1779729902449)

and certainly bringing your clients here today as well.

0:18

S… Speaker 1 (1779729902449)

Rosanna,

0:20

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.

0:25

S… Speaker 1 (1779729902449)

We're going to talk about them shortly.

0:27

S… Speaker 1 (1779729902449)

I do appreciate Noe,

0:29

S… Speaker 1 (1779729902449)

Julie, the expert assistants as well as we work through some technical

0:34

S… Speaker 1 (1779729902449)

issues.

0:34

S… Speaker 1 (1779729902449)

At the same time,

0:35

S… Speaker 1 (1779729902449)

we work through emotional issues.

0:37

S… Speaker 1 (1779729902449)

Let me start with that observation for a moment.

0:41

S… Speaker 1 (1779729902449)

I read a number of the briefs that were submitted.

0:44

S… Speaker 1 (1779729902449)

I read them last night.

0:45

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,

0:51

S… Speaker 1 (1779729902449)

as unique as the people who come to the table.

0:54

S… Speaker 1 (1779729902449)

And we're going to spend a lot of time today trying to better understand the uniqueness of

0:59

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

1:04

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

1:10

S… Speaker 1 (1779729902449)

a much broader conversation we're all having.

1:12

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.

1:21

S… Speaker 1 (1779729902449)

And how we do that with love and compassion against

1:25

S… Speaker 1 (1779729902449)

a backdrop of all the busy lives that we lead

1:29

S… Speaker 1 (1779729902449)

and the economic limitations that we have and the regulatory

1:34

S… Speaker 1 (1779729902449)

environment that this is in,

1:36

S… Speaker 1 (1779729902449)

that really presents one of the more challenging social issues

1:41

S… Speaker 1 (1779729902449)

for our generation,

1:41

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,

1:46

S… Speaker 1 (1779729902449)

if you will,

1:47

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.

1:54

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.

1:59

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

2:05

S… Speaker 1 (1779729902449)

are and trying to find some solution that works for both the family and

2:09

S… Speaker 1 (1779729902449)

IV for Golden Acres.

2:11

S… Speaker 1 (1779729902449)

Let me tell you a little bit about the mediation process itself.

2:14

S… Speaker 1 (1779729902449)

My understanding is that for the participants,

2:18

S… Speaker 1 (1779729902449)

particularly David,

2:19

S… Speaker 1 (1779729902449)

Rosanna, Ivy,

2:20

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,

2:25

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

2:31

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

2:40

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,

2:46

S… Speaker 1 (1779729902449)

as long as everybody can operate in this environment and feels like it's productive,

2:50

S… Speaker 1 (1779729902449)

I'll assist you in working through it.

2:53

S… Speaker 1 (1779729902449)

At an appropriate time,

2:54

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,

2:59

S… Speaker 1 (1779729902449)

I'll go back and forth between you.

3:01

S… Speaker 1 (1779729902449)

At times,

3:02

S… Speaker 1 (1779729902449)

listening.

3:02

S… Speaker 1 (1779729902449)

At times,

3:03

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

3:18

S… Speaker 1 (1779729902449)

about what you'd like to see happen next,

3:20

S… Speaker 1 (1779729902449)

by all means,

3:21

S… Speaker 1 (1779729902449)

raise those issues and we'll talk about them.

3:23

S… Speaker 1 (1779729902449)

If they make sense,

3:24

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,

3:29

S… Speaker 1 (1779729902449)

because part of the reason you're in this room,

3:32

S… Speaker 1 (1779729902449)

part of the reason that we've asked you to come today,

3:34

S… Speaker 1 (1779729902449)

is because this process of mediation really does involve you.

3:38

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

3:48

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

3:53

S… Speaker 1 (1779729902449)

you're capable.

3:54

S… Speaker 1 (1779729902449)

If that involves emotions,

3:56

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,

4:23

S… Speaker 1 (1779729902449)

and I am committed to try and help you work through these and see what we can reach at

4:28

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

4:36

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

4:41

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

4:49

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,

4:54

S… Speaker 1 (1779729902449)

but it is your party.

4:56

S… Speaker 1 (1779729902449)

And at the end of the day,

4:57

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

5:02

S… Speaker 1 (1779729902449)

make those informed,

5:03

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,

5:15

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,

5:19

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,

5:25

S… Speaker 1 (1779729902449)

this process will be about half an hour this morning before we get a break and

5:29

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.

5:40

S… Speaker 1 (1779729902449)

My expectation is that we're all here for the

5:44

S… Speaker 1 (1779729902449)

balance of the day,

5:45

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,

5:52

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,

5:59

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,

6:13

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,

6:20

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

6:43

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,

6:47

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,

7:07

S… Speaker 1 (1779729902449)

I'd like to have an approach to just talking about from your

7:11

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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