Mediator Guiding Deal on Va. Tech

Families of Attack Victims, State Try To Avoid Litigation

RICHMOND, March 25 -- Attorneys for the state and the victims of last year's Virginia Tech massacre have been using a mediator to avoid a potentially contentious round of litigation over Virginia's possible liability in the shootings, state officials and family members said Tuesday.

Twenty-two relatives filed claims against the state last year, and the state's attorneys and the victims' representatives have been engaged in talks since December about a possible resolution.

When those talks became public, the parties involved adopted a confidentiality agreement. But details emerged Monday night about an $8.5 million offer state officials made to the families late last week.

Under the proposal, which the families are considering, the state would pay $100,000 to each of the 32 families of those killed April 16, providing they give up their right to sue. The 27 students and faculty members wounded could also receive up to $100,000, depending on the severity of their injuries.

The state would also create several funds to cover medical costs, make contributions to charities in the name of the victims and offer direct aid to the victims and their families, according to a copy of the proposed settlement.

The state would not admit liability but would justify the payments as a way to avoid a series of lawsuits.

Gov. Timothy M. Kaine (D) defended efforts to reach a settlement with families of the victims Tuesday, saying the state and families need "to move forward together."

Speaking on his monthly call in show on WTOP (103.5 FM), Kaine characterized the recent discussions as productive. The negotiations are continuing, and the proposed terms of the settlement could still change. "Nearly all" of the families must agree to the terms, or the state can withdraw the offer, according to a copy of the proposal.

"I give everyone credit for sitting down and being willing to have an honest dialogue," he said.

Kaine declined to discuss the specifics of the negotiations but said he thinks a settlement is needed so the state and families can "move forward together" and reach an agreement that is "creative, fair and justifiable."

"We are going to continue to have a dialogue to see if we can move forward together, rather than being pitted against each other," Kaine said.

Attorney General Robert F. McDonnell (R), whose office is representing the state, declined to comment on the specifics of the offer, citing the confidentially agreement. State officials would not elaborate on who is trying to mediate a settlement. But McDonnell said there will be "full, fair and complete disclosure" if a settlement is reached.