| December 9, 1997 |
| I truly appreciate your extensive efforts regarding the ongoing dispute between the Sweeney family and the FDIC, and for the courtesy which you have extended by including me in the process. Despite the fact that our combined efforts thus far seem to have yielded little progress toward a comprise, I fear a termination of the mediation process would be premature at this time. |
| My belief in this regard is not founded solely on the many legal issues which the Sweeneys have asserted and which I believe may well be beyond the scope of mediation. The questionable jurisdiction of the federal courts in this matter appears to have been deliberated by the Court of Appeals, and yet could be reasonably disputed. Nonetheless, that question in my opinion cannot be addressed in the present circumstance. |
| Similarly, the actions, which have allegedly occurred in the office of the clerk of the Middlesex Superior Court should give rise to inquiry, but in another venue. Accordingly I have referred this to both the District Attorney Burke and District Attorney Riley for their consideration. Along these lines I am also consulting with my legislative colleagues as to the possibilities of legislative oversight of this matter. |
| These, however, are not the elements which I believe justify the continuation of mediation in the first instance. What does provide such justification are the steps which we can continue to take to avoid impasse. Chief among them is the willingness, and in fact eagerness, of the parties to meet with the principals of the FDIC in order to seek an acceptable compromise. |
| I understand that I am joined in my offer to participate in such a meeting by Bishop Dyer. Your facilitation of this would be most appreciated. |
| Additionally, I understand that the Sweeneys are in the process of preparing a response to correspondence recently received from the FDIC. Continuing the mediation process so as to allow this response to be completed would appear to be prudent given the document's potential to provide a basis for productive dialogue. |
| Thank you for your consideration of these thoughts. I appreciate your cooperative efforts and look forward to continuing our work in this matter so as to bring about a productive conclusion. |