For decades, the most common way to resolve an inheritance dispute was through court. The pattern was predictable: a death in the family, tensions unleashed, heated letters between lawyers and years of expensive litigation.
Practitioners know how this story ends. Court-based resolutions are rigid, costly and rarely bring peace. The damage runs deeper than finances. Families fracture, relationships end, and legacy is lost.
Collaborative Practice offers another way.
A different kind of resolution
Collaborative Practice is an interdisciplinary model that brings together professional advisers focused on resolution, not conflict.
It has been described as “mediation on steroids.”
Rather than opposing sides facing off, families are guided by their lawyers, supported by a neutral financial adviser to clarify the numbers and coached by a mediator or counsellor to manage the human side of the dispute.
The aim is to understand the real causes of conflict, share information openly and reach a practical agreement the family can live with. At its core is a shared commitment to avoid court and focus on future wellbeing.
The model can be applied to both pre-death estate planning, and post-death inheritance disputes.
Why it works
Collaborative Practice promotes durable solutions and reduces cost and delay compared to litigation. It allows flexible, creative outcomes and gives families a chance to preserve relationships. Still being able to talk, long after the paperwork is done.
Inside the process
The process is governed by a Participation Agreement that sets the ground rules, outlines costs, ensures confidentiality and confirms that all parties are committed to staying out of court.
It’s the structure of the model that sets it apart from regular mediation.
Once the framework is in place, advisers help clients prepare, exchange information and hold structured family meetings to explore options and find common ground.
Advisers hold separate agenda-setting and debrief meetings to help the parties find ways to unlock disputes.
Families commit to multiple meetings, carefully paced to work through the issues.
The structure and commitment to resolution ensures vulnerable parties are not left behind.
Agreements are then finalised in writing or by consent order.
Through this process, families can address legal, financial and emotional issues in a structured, respectful environment.
Collaborative Practice is geared for families who value resolution over conflict and are willing to engage with honesty and goodwill.
The reform movement behind collaboration
Collaborative Practice began in the United States in the 1990s, led by lawyers disillusioned with the damage caused by adversarial litigation. It grew as a deliberate reform movement within the profession, driven by practitioners who believed the system needed to change.
In Australia, family lawyers in the eastern states were the first to adapt. They saw that endless disputes served no one, least of all their clients. Pioneers such as Zinta Harris of Resolve Estate Law in Queensland built the bridge to Wills and Estates, developing national training standards and proving collaboration could work within the most hotly contested area of law.
WA was slower to move. Traditional practice, professional silos and limited training made collaboration harder to adopt. That is now changing. The establishment of Collaborative Professionals WA has brought together lawyers, accountants, mediators financial advisers and other professionals who recognise that the current system cannot carry the cost of constant conflict.
This shift did not happen by accident. It has come from practitioners willing to challenge old habits, invest in new skills and prove that collaboration can protect both families and the integrity of the legal system itself.
The shift underway in WA
An increasing number of lawyers, financial and tax advisers, mediators and coaches are now accredited as Collaborative Practitioners in WA. Collaborative Professionals WA, a not-for-profit organisation, supports this community through training, resources and public awareness.
Against the backdrop of the Great Wealth Transfer and a growing number of inheritance disputes, Collaborative Practice provides a professional, structured alternative to court that protects both wealth and relationships.
If you’re navigating an inheritance dispute and want a way forward that protects both people and property, Collaborative Practice may be the right path. It’s not for every family – but for those willing to commit to resolution over retaliation, it can be life-changing. Talk to us about whether it’s the right fit for your situation. The earlier you explore your options, the more choices you have.
Get in touch with our estate litigation lawyers today to get started.
Matt currently serves as Secretary of the Collaborative Professionals WA Council and completed his Collaborative Practice Wills and Estates training in 2024.
