Are there lower fees involved?
DiGIROLAMO: I don’t like to guarantee people that there are going be lower fees, but it depends on what they are comparing it with. If you are going to compare it with trying a case in litigation, no question it’s going to be less to do the collaborative process. However, very few cases go to trial, even in litigation. Most cases are settled, about 90% of those cases are settled before going to trial. So it just depends on what point you settle the litigation when you are comparing it to the collaborative process. I think in general clients tend to be more satisfied with the fees they pay because they see what the lawyers are doing. They are with the lawyers most of the time; they are working on the case and they see exactly what they’re doing and the value in it. In litigation, as I mentioned just as an example, like interrogatories, there have been times when I have had interrogatories sent to me by opposing counsel with 270 questions and it’s a stack of papers and half of them are completely irrelevant, but I have to answer all of them. That’s the kind of thing that really increases the legal fees in a case.

Are there widespread collaborative law practices in the U.S.?
DiGIROLAMO: In certain areas where it’s been developed and there are practice groups, it’s very common. There are a couple of practice groups in Ohio, a couple of cities, I think Cincinnati is one where the vast majority of divorce cases are handled by collaborative attorneys. I think Syracuse, New York is another place. In certain places in Texas and California collaborative law is the preferred approach for most people. And, of course, my group here in Pittsburgh is hoping that that will develop here too.

Is it practiced outside of the U.S.?
DiGIROLAMO: Yes. It’s practiced extensively in the UK, and it’s practiced in Canada and in Australia, and it’s just being explored in a lot of other countries, a lot of European countries, and New Zealand. It’s growing all the time.

Is there a situation where two parties enter into a collaborative law agreement and it does not work for them, and then they subsequently adopt litigation?
DiGIROLAMO: I would say that it is less likely that the parties would not be able to or willing to abide by their agreement during the collaborative process as they do during the litigation process, because they are the ones who made the decisions. However, it is possible at some point that they realize that there is something they are unable to do, or things have changed. Normally in the agreement we put in a clause that says that they will come back to the collaborative process first to try to work things out before they go to court for a resolution.

If they do not resolve the situation with the collaborative law process, is that information available in the litigation?
DiGIROLAMO: The information that is exchanged during the collaborative process is confidential. Therefore it’s inadmissible as evidence. However, once it is revealed, the parties are both aware of it.

Are there situations where clients began in litigation and now are collaborative law clients?
DiGIROLAMO: Personally, I have not had cases like that, but my colleagues have. They tire of the litigation process and decide to withdraw from the litigation process, settle it on their own, and just file the paperwork.

You mentioned that lawyers are trained in collaborative law. Is it taught in the education system?
DiGIROLAMO: At the two law schools here in Pittsburgh, I do not believe that there is a curriculum for collaborative law. I do believe that there are courses in Alternative Dispute Resolution, which would probably include arbitration, mediation, and now perhaps a mention of collaborative law, but right now it is not a course within itself that is taught in school. It is something that professionals seek out after they’ve been practicing, at this point.

Why do you think that is?
DiGIROLAMO: Well, disappointment with the litigation system– a realization over time that litigation is not the best way to resolve family issues.

Collaborative law has only been around in the United States, I want to say about 19 years, and it took a while to get to where we are now, so I do suspect that at some point it will be taught in the schools. I think for now they will stick with the traditional curriculum until somebody insists on change.

Is there a perception that collaborative law produces less revenue for the law firm than litigation?
DiGIROLAMO: I think at first that was the case. I’m not sure that it is actually true. I think collaborative attorneys get paid for the time that they actually work.

Blackandwhite: Are there associations, trade groups? Where does the attorney, enlightened by collaborative law, go?
DiGIROLAMO: The major group is the International Alliance of Collaborative Professionals, the IACP. And the IACP does most of the collaborative training. The basic training is 16 hours. If you’re going to do family law, you also have to have some background in that. Then it is appropriate to call yourself a collaborative professional. That’s what you need to join that group. And then local groups of practitioners have what we call practice groups.

Blackandwhite: Are there law firms that do nothing but collaborative law?
DiGIROLAMO: In Pittsburgh, there are only sole practitioners that do that right now. However, in other states where it has become the favored method– yes, there are.

Many practices have a standard litigation practice and a collaborative law practice?
DiGIROLAMO: That is correct.

So tell me how it works with regards to family court?
DiGIROLAMO: I’ve personally talked to several of the judges in the family division in our county and they are all very enthusiastic about it.

How does this affect the children? How do parental rights, visitation, child support, how does that get worked out or addressed in the collaborative law process? How is it different?
DiGIROLAMO: Well the most important difference is that we make sure that the children are protected from the litigation system. We put the needs of the children first. We make sure that those parents have a good relationship and continue to have a good relationship with the children as much as possible. As far as custody arrangements and schedules are concerned, we try to listen very carefully to the needs of the parents. If we cannot come to an agreement on scheduling during the four way meetings, we can bring in professionals, such as co-parenting counselors, therapists, if the parents have trouble communicating with one another, and those are part of the collaborative law team. The parties can meet with them with the attorneys present if they prefer, or they can go and consult with them and then come back with whatever their results are.