Not every dispute needs to end with court. In fact, for many families and separating couples, the adversarial approach often makes a difficult situation worse, with entrenching conflict, escalating costs. This approach often fractures important relationships.
When emotions are running high and the future feels uncertain, it can be hard to see a way forward that doesn’t come at the expense of someone else. But there is a way to resolve things that’s built on cooperation – not confrontation. A way that helps protect relationships, keep children out of the crossfire, and reach agreements that everyone can live with in the long run.
At Solomon Hollett Lawyers, we see growing interest in this more constructive approach here in Western Australia. It’s especially relevant in family law matters where the people involved will remain connected well after the legal process ends.
What is collaborative practice?
Collaborative practice is a dispute resolution process where separating couples or families work together (alongside trained lawyers and other professionals) to reach agreement without going to court. It is a voluntary, confidential, and structured approach that focuses on cooperation, rather than confrontation.
How collaborative practice differs from litigation and mediation
Unlike traditional litigation, which puts parties against each other, collaborative practice encourages open dialogue, shared goals, and practical problem-solving.
Collaborative practice also differs from mediation. In mediation, a neutral third party facilitates the conversation. In collaborative practice, each person has their own lawyer by their side, guiding them through the process and helping them reach agreement with the specific goal of avoiding court.
The role of the Participation Agreement
At the heart of the process is a Participation Agreement, which is a written contract that all parties and their lawyers sign at the outset. It confirms their commitment to resolve the matter respectfully and without threats of litigation. If the process breaks down and court becomes necessary, the lawyers must step aside and cannot represent their clients in court.
How does the process work?
Collaborative practice typically unfolds through a series of structured meetings.
Each person is supported by their own collaboratively trained lawyer. Depending on the complexity of the matter, neutral experts may also be involved, such as financial advisers, child consultants, psychologists or coaches. These experts form part of the collaborative team and are engaged to assist the process. They help ensure that decisions are made with clarity, fairness, and the future in mind.
All negotiations take place in joint meetings. Everyone shares information openly. Agendas are agreed in advance. Outside of these meetings, the lawyers help their clients prepare legally and emotionally. The process only works if everyone commits to being transparent and engaging with it in good faith.
What happens if the process breaks down?
Collaborative practice is built on trust and commitment. If someone decides to abandon the process and take the matter to court, the Participation Agreement comes into play. Both lawyers must withdraw from the matter, and the clients must find new legal representation.
Why clients choose collaborative practice
Confidential and discreet resolution
Unlike litigation, which becomes part of the public record, collaborative practice allows families to resolve matters privately. It’s a discreet process, which is particularly valued in sensitive family matters or where reputations are at stake.
Preserves relationships where possible
Collaborative practice is future-focused. It helps preserve working relationships, especially important for separating parents or family members with ongoing ties. It reduces the risk of escalation, which court processes often intensify.
Greater control over the outcome
Clients remain directly involved in shaping the solution, rather than having decisions imposed on them by a judge. This often leads to more tailored, workable outcomes that reflect the real needs of those involved.
Efficient and cost-aware process
With fewer procedural hurdles and an emphasis on cooperation, matters typically resolve quicker than through litigation. That efficiency often translates into lower legal costs and less emotional strain.
Is collaborative practice right for your situation?
Collaborative practice can be a highly effective option, but it doesn’t fit every dispute well.
When collaborative practice is worth considering
It’s particularly well suited to early-stage disputes, where communication is still possible and both parties are motivated to resolve matters without litigation.
We often see it work well in:
- Family provision disputes, especially between siblings, stepchildren, or blended families
- Contested estates, where preserving family relationships is important
- Parenting and property settlements, where long-term cooperation is needed
- Matters involving executors and beneficiaries, where there’s tension but not total breakdown
If both parties want to avoid burning bridges and care about protecting important relationships, collaborative practice can help resolve conflict while also avoiding long-lasting damage.
When it may not be appropriate
This process depends on openness, honesty, and good faith. It may not be suitable where there’s:
- A history of family violence or significant power imbalance
- Serious trust issues or refusal to disclose key information
- A long-standing conflict or one that’s already well into litigation
If you’re unsure, getting early legal advice can help you assess whether collaborative practice is a viable pathway, or whether another resolution method might be more effective.
Why Solomon Hollett Lawyers support collaborative practice
We believe in resolving disputes with care. That means protecting people, preserving dignity where we can, and avoiding unnecessary damage. In emotionally complex situations, such as inheritance disputes or relationship breakdowns, collaborative practice can offer a better way forward.
- We’re trained and accredited in collaborative practice
- Our lawyers understand how to guide clients through the process, manage structured negotiations, and avoid the pitfalls that commonly derail out-of-court resolutions.
- We work at the intersection of family and estate law
- From sibling disputes over Wills, to co-parenting arrangements after separation, we deal with high-stakes matters involving people who still need to function together after the legal work is done.
- We’re focused on outcomes, not conflict
- Litigation has its place, but not every matter needs to be a fight. We bring a practical, ethical, and compassionate approach to each case—helping clients move forward with clarity and confidence.
A kinder way forward
Collaborative practice won’t suit every dispute, but when it does, it offers something that litigation often can’t — a chance to resolve things with clarity and respect.
If you’re facing a family or inheritance dispute and want to explore your options, Solomon Hollett Lawyers can help. As estate litigation lawyers in Perth with deep experience across both courtroom and collaborative processes, we’ll guide you towards the path that makes the most sense for your situation.
