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Former high court justice is mediator for ORU lawsuit

EX-JUDGE NOW MEDIATOR

Daniel Boudreau: In mediation, he will listen to what each side has to say, ask questions, discuss how the law would apply, and then encourage the two sides to find a solution that each side can accept.

 
By Staff Reports
Published: 12/18/2007  2:33 AM
Last Modified: 1/17/2008  11:23 AM

For more: Read the latest ORU stories, view the lawsuit and other documents and watch slide shows and video.


The parties involved in the Oral Roberts University lawsuit have chosen former Oklahoma Supreme Court Justice Daniel Boudreau as their mediator.

Three former professors have sued ORU, former President Richard Roberts and three college administrators for wrongful termination and related claims.

Tulsa County District Judge Rebecca Nightingale last week granted a request by ORU and the administrators to require mediation.

John Tucker, an attorney for ORU and the administrators, said a date for the mediation has not been set.

Boudreau served on all three levels of the Oklahoma judiciary -- the district court, intermediate court of civil appeals and the state Supreme Court.

He retired from the state's highest court in 2004 to take a teaching position at the University of Tulsa College of Law, from which he received his law degree in 1976.

Gary Richardson, one of the attorneys for the three former professors, said earlier that mediation is common in the court system.

He said Boudreau was chosen because "I think most people see him as very fair-minded" and as someone who "calls things as he sees them."

"You may not always agree with him, but at least I think people trust his motivation," Richardson said.

Tucker said that in the mediation process, Boudreau will listen to what each side has to say, together and individually. He will ask questions, discuss how the law would apply to what he is hearing the two sides say, and then encourage them to find a way to agree to some solution that each side can accept.

"It can be an extremely effective process," Tucker said. "If there is a common ground, often a mediator can help those sides find it."

In the end, it still might not be enough, he said.

"Some cases just have to be decided by judge," Tucker said.

By Staff Reports

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Report Comment
Fifty Dollar Fine, (12/18/2007 3:18:59 AM)
" Tulsa County District Judge Rebecca Nightingale last week granted a request by ORU and the administrators to require mediation. "

.

So much for the desperately repeated claim by the idiot hayseed Roberts apologists that GR wanted the mediation.

Report Comment
Midwest, (12/18/2007 4:17:15 AM)
--GR had to agree to mediation, whether he wanted it or not, to look cooperative. --Mediation is the right thing to do. It should have been done from the beginning.

Report Comment
jam, tulsa (12/18/2007 5:45:39 AM)
mediation...in other words...let the coverup begin...
Report Comment
Gail, Tulsa, Ok (12/18/2007 6:17:13 AM)
RR and his attorneys could have done this b/f a lawsuit was filed, but they took a gamble of whether or not the professors would file the lawsuit. Typical bully tactics. No one should be surprised.
Report Comment
David, tulsa (12/18/2007 6:38:33 AM)
Mediation efforts sre often required but they are never binding. Simply because mediation is ordered does not mean settlement is agreed. However, It is usually economic for both parties to settle and no matter what GR says, this is about money. Hopefully, he will require some sort of truthful statement from RR. This is simply a tactic to determine from a judges standpoint how the liability lines up. I suspect ORU will settle the financial agreement and seal the terms.
Report Comment
DC Alumni, DC (12/18/2007 6:42:44 AM)
Richard did call before the lawsuit was filed, to talk about it, but apparently it was too little too late and he got the "we'll see you in court" sort of response. No you won't find this in a newspaper, and yes it is true. This lawsuit was going to happen no matter what took place after the dominoes were set in motion.
Report Comment
deb, (12/18/2007 7:03:46 AM)
Oh, I am sure Richard Roberts "told" several people how "he tried to work out" b/f it went to court. If you buy that I have some property I would like to get rid of too. Give me a break.

Report Comment
Midwest, (12/18/2007 7:04:15 AM)

Report Comment
Midwest, (12/18/2007 7:07:12 AM)
Sorry about #8. Need coffee.
Report Comment
Observer, Tulsa (12/18/2007 7:35:13 AM)
If the mediation is successful, we will never hear the facts of the case. Richard Roberts and ORU's attorneys will make sure there's an order that no one is allowed to discuss the case after the settlement. RR/ORU will pay to keep the truth from coming out.
Report Comment
Joe-Allen Doty, Tulsa, Oklahoma (12/18/2007 7:43:10 AM)
For a person to be a "hayseed," he has to have grown up on a farm where hay is grown and baled. That's like a "hick from the sticks" has to be one who grew up in a backwoods location.

--

I am not being an apologist for anyone but that alcoholic minded individual has run out of ways to describe people.

--

Will Richard Roberts and company consider Daniel Boudreau fair-minded also?

Report Comment
Graychin, Eucha (12/18/2007 8:16:09 AM)
"Observer" at #10 is exactly right. This is a huge win for ORU. Even if the mediator decides that the plaintiffs are 100% right, ORU will settle the case quietly and without disclosing any of the facts that support the plaintiffs' allegations. They will simply announce that they reached a "reasonable settlement" with the professors, and no evidence will ever be presented in open court.

.

If all it takes is money to make this mess go away, ORU will jump at the chance. I know where they can get at least $70 million to buy some silence.

Report Comment
Rev Billy Bob and Paula Lee, Rolexville (12/18/2007 8:26:06 AM)
I want to say congradulations to all who chose mediation in this, the year of fulfillment.

May your dreams come true, and all you’ve asked for come to pass; may your life be fulfilled to the fullest.

.

I want to thank all of you who gave your lucky $77 offering in 2007, the year

of fulfillment, completion, overflow, and blessing.

.

Don’t forget, be sure to give your $88 offering at the first of the New Year; remember, 8 is the number of new beginnings, and 2008 is the year of new beginnings, favor,

promotion, and blessing.

.

Send your final 2007 offering today to seal your favor, fulfillment, completion, overflow,

and blessing for the year 2007; otherwise, you might not get it and your breakthrough might not happen.

.

Also, if you send your lucky $88 offering at 8:08am on the first of year, your setting yourself up and positioning yourself for a double impact of blessing, favor, and promotion in the year of new beginnings.

.

And for those of you who send an offering of at least $888, in combination with your first fruits offering for 2008, you’ll receive our special “New Beginnings” scripture blessing ark of the covenant replica with scripture verses you can confess each day as you pray over your promotion and increase in order to seal your New Beginnings Blessings.

.

Maybe you’ve been through some things in the past; maybe you’ve been through some hard times. But I want to tell you today, that this upcoming year is the year of New Beginnings, the year of blessing and favor, the year that will begin a new season and a new cycle of promotion and increase for you in your life, your family, your finances, your joh, your health, and your relationships.

.

So send your final year end offering of $77 today, and don’t forget to send your $888 offering at 8:08am on the 1st of the year, and be blessed as you watch your blessings of favor, increase, and promotion takes place in the year of New Beginnings!

.

And until then, may you be blessed with the joy and peace of the blessings of the season of the holydays, and may the greetings of the season be yours as you be blessed in abundance. Holli Happy Days!

Report Comment
learn your 3 r's, podunkville (12/18/2007 8:28:54 AM)
GR= Granville Roberts

PR = Patti Roberts

MR= Marion Robertson

RR = Reading Railroad

Report Comment
Karen Silkwood, (12/18/2007 8:31:02 AM)
The mediator will cut through all the smoke and mirrors set into motion by GR. RR did respond by going on Larry King but after GR "annoucned" the law suit via KOTV. The Tulsa World then reported channel 6. The snowball rolled forward. GR ran up legal bills Swails was probably handled poorly but the other two were gone and just grabbing onto the train. Swails has been paid his contract...the other two had none. So the damages caused have been to ORU and not to Swail...except for reputation. However you can be assured that ORU did have grounds to fire Swails. He was running his mouth about the allegations...to all that would listen. He then got hot-headed Hagee envolved and as a low-level Bigboy wannabe Hagee struck a match under George Pearsons. Then Green as Grass George moves quickly to grab headlines and control of a terrible mess. Ole George probably thought he was doing the right thing but then wakes up surrounded by Oral, Bill Joe and the bulk of the BOR, who slow the process down and avert the lynching. ORU has been damaged, the King and Kingdom sold into slavery and its people into desolation.

Swails, Brookers etc will get a nice parting gift without proving themselves smarter than a Fifth Grader.

Report Comment
Jeff, (12/18/2007 8:37:29 AM)
Perhaps it is the continuing influence of Mr. Green that will prevent RR/OR from hiding the facts from the public. I doubt that he will want to deal with the questions of why he is continuing to donate to the university that is not acting in a transparent manner.

Please remember, ORU has only received $8 million to date; the balance of the $70 million comes at the end of 90 days -- if Mr. Green believes that his continued support is warranted. I am quite pleased that the 2 BOR members who refused to complete the Senate questionnaire have seen their influence terminated.

Report Comment
Check it out, (12/18/2007 8:44:02 AM)
Good morning! I hope everyone is powered up and warm now. Mediation sounds wonderful. Let them face off finally. They will do this in the same room, won't they? Not just through lawyers. I should think that no matter what the outcome, there will be a catharsis effect if they can hurl their accusations at one another personally. I am sure it will be quite civilized. I do not care how the lawsuit is handled. I just want to know what the domino effect means to the university and also the credibility of Tulsa christians.
Report Comment
ammi, tulsa (12/18/2007 8:51:05 AM)

Mic 3:11

The heads thereof judge for reward,

and the priests thereof teach for hire,

and the prophets thereof divine for money:

yet will they lean upon the LORD, and say, Is not the LORD among us? none evil can come upon us.

Nothing new under the sun...as they have been so shall they be...and their sins will be turned back onto their own heads Amen

Report Comment
deb, (12/18/2007 9:06:09 AM)
Karen Silkwood, no one likes whiners.
Report Comment
Tom, Irving (12/18/2007 9:08:16 AM)
No, #17 normally mediation occurs with the parties in separate rooms and the mediator shuttling back and forth. It is never about accusations or confrontaions.Judge Danny B. is an excellent choice because he will immediately winnow down to the basic issues of liability and about this issue I am unsure, not having read the pleadings and the banter on the thousands of e-messages makes scant relevant reference to them. This might be the sticking point with Richardson who always believes himself to be the knowledgable one on whatever legal theory he is asserting based on past successes (the Texas Belo case, the Tulsa news anchor case) . His arrogant sense of righteousness might derail settlement, but probably not, Danny B. is a credible arbiter on legal issues. ORU will only send the people who have the authority to ok payment, I assume the legal team and the Board member chosen for that purpose. They will already have payment authority when they enter the room. Plaintiffs' team will try to max out settlement up to that amount. It rarely is a matter of "How much will you pay us to settle?, or How much will we have to pay you to settle?" Those instances only arise when insurance policy coverage is at issue in cut and dried cases. ORU wants out and will pay big bucks to get out, it never seemed that Plaintiffs case was that strong, but lucky for them that isn't the issue now. Mediation is almost always for the benefit of the defendant, but that may not be the case here.
Report Comment
Ken Staley, (12/18/2007 9:36:18 AM)
To all of the RR naysayers:He screwed up... now how about you? When you stand before God at the end of your life God won't ask you "What did you think of the way RR lived? He will ask "How did you serve me with the life I gave you? Did you do justly, love mercy, and walk humbly with your God"? When Jesus told Peter his future (and it wasn't a pretty one) Peter then pointed to John and said "What about him"? Jesus reply was "if I want him to live till I return what is that to you? YOU FOLLOW ME"

Jesus is not going to hang his head when you stand before him and apologize to you because RR screwed up. You will give account of your life and if you surrendered to Him. Pretty scary stuff for those who are so full of pride as I read in these blogs.

Report Comment
deb, (12/18/2007 9:50:56 AM)
To: Ken Staley, everytime I listen to an interview from a Christian when something happens newsworthy I always hope someone like you is not being interviewed because you make Christians look foolish.
Report Comment
Check it out, (12/18/2007 9:52:07 AM)
Are the lawsuits with the accountant and students still in play or are they being mediated as well? Thanks Tom for clearing up the process. Are these hearings public record the same as court preceedings?
Report Comment
OHMYGOSH, (12/18/2007 10:23:19 AM)
Tom and Check it out- Mediation can and does take place with the parties in the same room all the time. Mediators do not make decisions---they faciliate agreements. These are not considered hearings and are not public record unless an agreement is reached and filed with the court

-

Judge Boudreau is a very skilled mediator. He will not fall prey to the "we have been praying for you line" or "the secret handshake" common among the ORU type con artists...and most likely some of the posters on this board.

-

Geeze-Lousezze, it's good to be back on-line and watching all this transpire.

Report Comment
Meditation Realities, (12/18/2007 10:24:33 AM)
I have a friend who had a legitimate grievance with a well-known media ministry. When the lawyers met for mediation, in order to settle the situation and receive an apology, she had to sign an agreement that she would NEVER talk about the situation again--even though the people involved still continued to murmur and spread rumors about her. Because of her loyalty to the ministry and belief that they would do the right thing, she VERBALLY agreed to one very important point. The ministry's lawyer DID NOT keep his verbal word. Hey, it was not in writing. Too bad.

~

Again, she felt betrayed and devastated, but she was bound by her word and the agreement not to say anything. Mediating is in a ministry's favor. It makes sure that embarrassing truths are not aired publicly. The ministry goes about business as usual, because they escape accountability—again and again and again. If constituents do not know how things work behind closed doors and sealed mediation papers, donors continue to give and give and give $$$$$$$$$.

~

After all, these ministries do so much good! Right? She and her family were devastated. They will never fully recover from the abuse and the betrayal. The ministry marched on...did not miss a beat. If people saw all the lawsuits this ministry's lawyer settled quietly, how would donors respond? My experience is: when truth is exposed, the sheeple scream, “Liar!” Then they crucify the truth tellers. The real deceivers receive a free pass and more donations. Ministries would NEVER mistreat people or do illegal things. After all, they are 'ministries' and above man's law. Or so they think. Thankfully, they are not above God’s law.

~

Personally, in this world, I believe mediation and reconciliation is best between people who call themselves 'Christians.' However...

~

Why did the Roberts' camp ignore requests to talk in the first place?

~

Why did the Roberts' camp wait until the lawsuit was in motion before responding or should I say going on the offensive?

~

Why did the Roberts' play the Larry King card?

~

Why do the Roberts' claim they are being persecuted on their TV shows? (Would a trip to Darfur would teach them the definition of real persecution?)

~

Is the Roberts' camp playing legal games?

~

Is the Roberts' camp dealing the 'God' card to manipulate donors?

~

I cannot judge their hearts: Actions speak louder than words.

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