In Melville, 'collaborative law' aims for peaceful deals

Can you make money by making peaceful settlements?

The folks at Mediation & Collaborative Action Group, a 1-year-old Melville firm, believe so, and they say that so far, they're profitable.

The firm deals with the non-litigious settlement of divorce cases, contracts between business partners, landlord-tenant disputes and elder care issues. It makes use of what's called the collaborative practice, and some lawyers -- although not that many as of now -- are involved, say the firm's partners.

"This is another frontier for Long Island," said Bruce A. Mina, one of Mediation & Collaborative Action's partners, and a certified public accountant. "We all understand the 'old-boy' system" where warring parties rage against one another while spending fortunes in court.

Lawyers do mediation work, to be sure. But Mediation & Collaborative Action says it is the only Long Island mediator offering staff with financial and mental-health backgrounds. Rita Medaglio-Barrera is a certified divorce financial analyst, and Gloria Ciolli is a social worker. Both are partners in the firm.

So far, the firm has handled 15 cases, revenues are about $150,000, and it has made money. One of the keys is that lawyers involved agree not to litigate.

Cases can be referred by lawyers, mental health professionals or financial experts, Medaglio-Barrera said.

In literature the firm hands out, it distinguishes between the "collaborative" practice and "litigation." Under the "collaborative" practice, the literature says "You and your spouse control the process and make final decisions."  Under litigation, it says a judge controls the process "and makes final decisions."

Medaglio-Barrera says the firm works with lawyers and wants to broaden its relationship with them. But, she said, many lawyers are still "uninformed" about the practice.

Collaborative law made its appearance in the metropolitan area only about seven years ago, having gotten started in Minnesota 20 years ago.

Amel Massa was among the first collaborative lawyers in Suffolk County. Massa, with offices in Huntington and Garden City, said he began practicing collaborative law three years ago, after a training period.

"The collaborative process involves a different way of thinking," said Massa. "I do run across attorneys who are leery of it because it tries to stay out of the court process."