When someone in the family dies, things that were once buried may reach the surface.
Old promises. Resentments. Questions about who was really there and who was just waiting for the money.
If there is a Will and someone feels left out or blindsided, tension can boil over quickly. People want to be heard. They want things to be fair. But they also want to avoid a full scale legal battle.
That is where mediation and collaborative practice come in. Both aim to resolve disputes without going to court. But they work very differently — and one is often a better fit when emotions run high.
What’s the difference between mediation and collaborative practice?
Mediation is a dispute resolution process that involves a neutral third party, known as a mediator. A mediator’s job is to help guide discussions between the parties and support them in reaching an agreement. Mediators don’t give legal advice or take sides. Mediation can be done with or without the lawyers, and is usually best when the issues are clear, and both people feel safe and confident in the process.
Collaborative practice, on the other hand, is a structured process where each person has their own collaboratively trained lawyer. Everyone signs a formal participation agreement upfront, confirming they won’t take the matter to court. This shared commitment helps shift the tone from conflict to cooperation. The collaborative process often involves joint meetings, open communication, and may also include support from financial advisers, psychologists, or counsellors.
Both processes avoid court proceedings, but collaborative practice tends to offer more legal and emotional support, especially where the issues go deeper than dollars and cents.
Why collaborative practice works so well in inheritance disputes
Inheritance disputes are rarely just about the estate. Behind most claims are years of family dynamics, grief, and questions of fairness.
Collaborative practice is often a better fit than mediation when things are complicated or personal.
1. It allows for legal advice throughout
Each person has their own lawyer in the room, helping them understand their rights and options as they go through the process.
2. It deals with emotion, not just the legal issues
Collaborative practice allows people to voice deeper concerns, like feeling overlooked, or having carried more of the load.
3. Everyone agrees upfront not to go to court
All parties sign an agreement confirming that court is off the table. This creates a safer space to speak freely and work towards resolution.
4. Extra support is built in
If there’s confusion around the finances or emotions are running high, the process allows for other professionals to step in. That might be a financial adviser to explain the numbers, or a counsellor to help ease the tension in the room.
5. It’s focused on preserving relationships
Most families want to sort things out without making things worse. The collaborative process gives people a way to have tough conversations without the fear of it evolving into war. It won’t fix everything, but it can stop lasting damage.
When mediation works (and when it doesn’t)
Mediation can be a great option, but it’s not always the right fit, especially for emotionally complex estate disputes.
When mediation can work well
- The issues are fairly clear and limited
- Both parties feel comfortable speaking up for themselves
- There’s still a level of trust between everyone
- The dispute is mostly about logistics, not deep emotion
- Both sides are open to compromise
Without legal guidance in the room, and without proper support, mediation can stall or leave one person feeling steamrolled. That’s where the collaborative process can offer a safer, more balanced process.
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When collaborative practice is the better choice
Collaborative practice can be a better path when the dispute is more than just paperwork. It’s especially useful when:
- There are multiple beneficiaries — the more people involved, the harder it is to navigate through mediation
- The family is blended or strained — stepchildren, second marriages, and long-held resentments often need a more careful and nuanced approach
- The estate is complex — things like trusts, businesses, or uneven gifts during life can bring up tough questions
- There’s been caregiving imbalance — for example, when one child looked after a parent for years and feels overlooked in the Will
- People still have to stay in each other’s lives — ongoing relationships mean the way you resolve this is just as important as the outcome itself
Collaborative practice gives people a chance to work things through with less stress, more support, and a clearer path forward. It doesn’t mean everyone walks away as best friends, but it often helps people feel heard and walk away with something they can live and move forward with. For many families, that’s a win.
Resolve the dispute without breaking the family
If you’re in the middle of an inheritance dispute and trying to avoid court proceedings, the collaborative process may be your best path forward.
Solomon Hollett is a Perth-based law practice with deep experience in estate litigation and family disputes involving Wills and estates. We’ve seen how destructive litigation can be — and how collaborative law can keep discussions between the parties constructive, respectful, and focused on solutions.
Our estate litigation lawyers in Perth can help you understand whether mediation or the collaborative process is the better fit for your situation. Book a free 15-minute phone call and we can talk through your options.
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