Collaborative practice as a new form of resolution

Key Takeaways

• Collaborative family law is a structured, advisor-assisted process that helps families resolve inheritance and estate disputes without resorting to court proceedings.
• In Western Australia, collaborative practice is increasingly being considered in complex succession disputes involving family businesses and intergenerational wealth.
• Collaborative practice works where parties are willing to participate openly, exchange information honestly, and remain focused on resolving the dispute constructively.
• For many families, a collaborative practice resolution can provide greater privacy, reduced conflict, and more control over the outcome compared to traditional estate litigation.

Inheritance disputes don’t always need to become courtroom battles.

As families across Western Australia navigate complex estate and succession issues, more people are looking for ways to resolve conflict without escalating it. Collaborative practice offers a structured, advisor-assisted process focused on resolution, communication, and practical outcomes, rather than drawn-out litigation.

For some families, it can provide a more respectful and strategic path forward.

This guide explains how collaborative practice works, when it may be appropriate, and why it is becoming an increasingly important part of modern inheritance dispute resolution in WA.

What is collaborative practice?

Collaborative practice is a structured legal process where all parties and their advisors work together to resolve disputes without going to court.

Advisors may include lawyers, accountants, financial planners, mediators,counsellors and psychologists – there is no limit on the type of professional person involved. The key is that the professional advisors are collaboratively trained and focused on helping the parties explore the conflict, troubleshoot options, and reach a sustainable resolution.

Unlike traditional litigation, the process is designed around cooperation, open communication, and practical problem-solving. Each person is supported by their own collaboratively trained lawyer, and has the help of the independent or ‘neutral’ financial advisor, there is then input from the counsellor or mediator as the collaborative ‘coach’. The focus shifts away from “winning” the dispute and toward reaching an outcome everyone can live with.

A structured alternative to court

At the beginning of the process, the parties must sign a Participation Agreement. This formal agreement sets the ground rules for the discussions, including a shared commitment to avoid court proceedings while the collaborative process is underway. It also requires honest disclosure of relevant information and respectful participation throughout the negotiations.

Rather than handing control over to a judge, the parties remain actively involved in shaping the outcome themselves.

A growing approach in inheritance disputes

In some matters, other professionals may also become part of the process. Financial advisers, accountants, mediators, or counsellors can help clarify issues and support negotiations where needed.

Collaborative practice is increasingly being used in inheritance and estate disputes, including contested Wills, family provision claims, and executor disputes.

If you’d like to learn more about the broader collaborative process, read our guide on What Is Collaborative Practice?

How collaborative practice works in inheritance and estate disputes

Collaborative practice can begin in different ways – the key is that the parties appoint lawyers who are collaboratively trained and are open to participate in a structured resolution process.

All professional advisors involved including the lawyers, must be collaboratively trained for the process to work, and so it’s important that the right advisors are chosen early.

Bringing the right people into the room

Each party remains supported by their lawyer throughout the process. Unlike mediation, where legal involvement may sometimes be limited to preparation or a single session, collaborative lawyers stay actively involved from start to finish.

Depending on the dispute, other professionals may also participate. Financial advisers, accountants, mediators, counsellors or coaches can help clarify complex financial issues, manage communication, and support more informed decision-making.

The process is built around openness and full disclosure. Parties are expected to share relevant financial and legal information honestly so negotiations can proceed on a properly informed basis.

Structured meetings focus on resolution

Once the Participation Agreement is signed, the parties work through a series of structured meetings. These discussions are carefully paced and agenda-driven, allowing families to address issues progressively rather than through adversarial exchanges or courtroom confrontation.

Lawyers help clients prepare between meetings, identify areas of disagreement, and explore practical solutions that may not be available through litigation alone.

If an agreement is reached, the outcome is formalised in writing and, where required, can be documented through legally binding settlement agreements or Court consent orders.

Collaborative practice vs mediation

While collaborative practice and mediation share similar goals, the structure, level of advisor involvement, and the overall process differs significantly.

Key differences between mediation and collaborative practice

Collaborative practice generally involves:

• greater continuity throughout the process
• a formal Participation Agreement
• multiple structured meetings over time
• ongoing negotiation and collaborative problem-solving
• active involvement of other advisors

Mediation, on the other hand, is often:

• shorter and more contained
• centred around positional negotiation
• focused on reaching agreement during the mediation itself

Neither process is necessarily “better” than the other. The right approach depends on the complexity of the dispute, the willingness of the parties to engage constructively, and the level of support required throughout negotiations.

If you’d like to explore this comparison further, read our full guide on Mediation vs Collaborative Practice: Is Collaborative Law a Better Fit?

When collaborative practice works well (and when it doesn’t)

Collaborative practice can be highly effective in inheritance and estate disputes, but it is not the right fit for every matter.

The process generally works best where the parties are willing to engage openly, exchange information honestly, and remain focused on resolving the dispute.

Situations where collaborative practice may work well

Collaborative practice is often well suited to disputes where:

• the parties are open to negotiation and compromise
• there is a willingness to participate in good faith
• transparency and information-sharing are possible
• privacy and confidentiality are important
• the dispute involves ongoing family, business, or succession relationships
• the parties want greater involvement in shaping the outcome

This can include contested Wills, executor disputes, family provision claims, and succession disagreements involving family businesses, farms, and other forms of intergenerational wealth.

Situations where it may not be appropriate

Collaborative practice is generally less suitable where:

• communication has completely broken down
• one party refuses to participate genuinely
• there are concerns about dishonesty or hidden assets
• the process is being used to delay court proceedings
• there are issues involving intimidation, coercion, or abuse
• urgent court intervention is required to protect assets or legal rights

In some matters, litigation may still be necessary. Collaborative practice is not about avoiding court at all costs, but determining whether a negotiated resolution process is realistically achievable.

The benefits of collaborative practice

Collaborative practice gives parties greater involvement in how inheritance and estate disputes are resolved.

Compared to traditional litigation, the process may offer:

• greater control over the outcome, rather than leaving decisions to a judge
• a more private and confidential process than open court proceedings
• reduced conflict and less adversarial communication
• more flexibility in exploring practical and creative solutions
• ongoing legal support throughout negotiations
• the ability to address financial, legal, and interpersonal issues together
• a more structured environment for difficult discussions
• faster resolution compared to prolonged litigation in some matters
• lower emotional and financial costs for many families
• greater continuity in family, business, or succession relationships

Collaborative practice can be particularly valuable in disputes involving family businesses, farming properties, blended families, or complex succession arrangements where the parties want to continue dealing with one another long after the dispute is resolved.

The Participation Agreement: Why commitment matters

One of the defining features of collaborative practice is the Participation Agreement.

This is a formal agreement signed by both parties, their lawyers and other advisors at the beginning of the process. It sets the framework for how negotiations will be conducted and reflects a shared commitment to resolving the dispute collaboratively.

What does a Participation Agreement usually include?

While the terms can vary depending on the matter, Participation Agreements commonly include:

• a commitment not to commence court proceedings while the process is ongoing
• expectations around respectful participation and communication
• obligations to provide honest and transparent disclosure
• confidentiality provisions relating to discussions and negotiations
• agreement on how meetings and negotiations will be conducted

One of the most significant features of the agreement is that, if the collaborative process breaks down and litigation becomes necessary, the collaborative lawyers will withdraw from acting any further in the dispute.

Why this structure is important

This requirement encourages all parties to remain focused on negotiation and resolution, rather than preparing for litigation in the background.

It also helps create a process centred on transparency, information-sharing, and practical problem-solving from the outset.

Collaborative practice requires genuine participation from everyone involved. Where parties are willing to engage openly and work toward resolution, the process can provide a clear and structured framework for resolving complex disputes.

Collaborative practice in Western Australia

Collaborative practice continues to grow across Western Australia as more families and legal professionals explore alternatives to traditional estate litigation.

Against the backdrop of the Great Wealth Transfer and a rising number of inheritance disputes, collaborative dispute resolution is becoming an increasingly important part of the succession planning and estate dispute landscape in WA.

Collaborative Professionals WA

Collaborative Professionals WA is a not-for-profit organisation supporting the growth of collaborative dispute resolution throughout the State.

The organisation promotes multidisciplinary approaches to dispute management, bringing together lawyers, accountants, financial advisers, mediators, counsellors, coaches, and other professionals involved in collaborative practice.

This model can be particularly valuable in inheritance and succession disputes, where legal, financial, and interpersonal issues often overlap.

Exploring your options early can make all the difference

Inheritance disputes can escalate quickly, but not every dispute needs to end up in court. For some families, collaborative practice provides a more structured way to resolve complex estate and succession disputes.

At Solomon Hollett Lawyers, we help clients navigate inheritance disputes across negotiation, mediation, collaborative practice, and estate litigation where required.

If you’d like to understand your options, contact our Perth inheritance dispute lawyers for a confidential free 15-minute phone call.

Frequently asked questions

Is collaborative practice legally binding?

The collaborative process itself is structured around a formal Participation Agreement signed by all parties and their lawyers. If an agreement is ultimately reached, the outcome can then be documented through legally binding settlement agreements or Court consent orders where appropriate.

What happens if collaborative practice fails?

If the collaborative process breaks down and the matter proceeds to litigation, the collaborative lawyers will withdraw from acting further in the dispute. The parties would then need to appoint new legal representatives for any court proceedings.

Can collaborative practice be used for inheritance disputes?

Yes. Collaborative practice can be used in a range of inheritance and estate disputes, including contested Wills, family provision claims, executor disputes, and succession disagreements involving family businesses and other intergenerational wealth.

Do all parties need their own lawyer in collaborative practice?

Yes. Each party is supported by their own lawyer throughout the collaborative process. The lawyers work with the parties to facilitate negotiations, provide legal advice, and help guide discussions toward a potential resolution.

Is collaborative practice available in Perth and Western Australia?

Yes. Collaborative practice continues to grow throughout Western Australia, with an increasing number of lawyers and allied professionals undertaking collaborative practice training and offering collaborative dispute resolution services in WA.

Matthew Gunn Senior Associate

Matt is a dedicated succession lawyer with deep experience in estate planning, estate administration and inheritance litigation.

Disclaimer: Please note the content within these blog posts is not intended to, and does not in fact, constitute legal advice, and must be treated as a general guide only. The content is based on Western Australian law only and is subject to change, is general and may not take into account your particular circumstances. Should you require legal advice in relation to your specific circumstances, please reach out.