Last night on CNN the legal analyst started the discussion about the Bishop Long’s consent for mediation. A lot of you are wondering, ‘Why is he settling, now?” There is a lot of concern about the fall-out so I decided to ask a lawyer, practicing  in  DeKalb county,  just what this legal strategy could mean for the Bishop.

Question: Is settling a bad thing for Bishop Eddie Long?

Answer: Well, it depends on whose perspective you are coming from at this time.  If successful, both parties actually come out alright.   Bishop Long came out pretty strong, in the beginning,  against the validity of the allegations.  However, some of the live interviews of his accusers, where pretty strong and convincing.   Bishop Long  referred to himself as David and stated that he had  5 stones and had not used any of them.  Now it appears that he has to back track a little.  This maybe alright for some, but it is certainly going to cast some doubt on many of his parishioners and the religious community at large.

Question: In layman’s terms what exactly is Mediation?

Answer: Mediation is a formal settlement conference. The Mediator is an independent party that attempts to facilitate and out-of-court agreement among the parties. This is a voluntary process. The mediator has No Authority in the terms of the settlement.  If the mediation is successful, the agreement is then reduced to writing. If unsuccessful, the case moves forward through the formal  litigation process.

Question: Whose best interest would mediation be in for a case such as this one facing Bishop Long?

Answer: It is in the best interest of both parties. Also, both parties have input in the ultimate resolution of the case, as opposed to it being decided by twelve strangers.(A jury)

Question: If  this process is in  the best interest of Bishop Eddie Long , why does there seem to be a lot of back lash in the media?

Answer:Well because he was so visible and outspoken on gay and lesbian issues. This is what may be offering him some difficulty in the” jury of public opinion. ”  However, it really does not matter  because Bishop Long will have input, in mediated,  in the ultimate resolution of his case.

Question: What if the mediation doesn’t work?

Answer: That is when this case could get pretty ugly and revealing.   A lot of personal lives could be destroyed and I am sure they would go into some pretty dangerous territory. Settling is the best way to go in cases like this one in Dekalb County.  Bishop Long, as well as the young men,  have a lot of vulnerability in this type of case.

Question: Would he have to have four different trails?

Answer: Yes, if  each lawsuit is filed separately, there would be four different trials.

Question: Do all four have to agree to  mediation? Also if one agrees to a figure and the other one doesn’t would it forfeit the other agreements.

Answer: Because they have individual cases they can agree to participate or not agree to participate.

Question: Can any of them come back later and sue after a settlement?

Answer: A settlement usually concludes a case.  The parties usually agree to dismiss the claims filed.  Considering the publicity behind this particular case, Bishop Long’s Attorney’s would be wise to have a confidentiality clause so none of the information pertaining to the settlement could be disclosed after both parties come to an agreement.

Thanks Attorney.

AskDrO

Do you feel that Bishop Long should Settle? Why or Why Not? Do you feel like the young men are using extortion?  Do you think that there is a lot more than meets the eye in this case? Let me hear your thoughts on this case….