What is collaborative practice?

How does it work?

At the start of a collaborative process, everyone signs a Participation Agreement committing to honest disclosure, respectful communication, and staying out of court. Each party has their own collaboratively trained lawyer, and a team of other professionals – financial advisers, coaches, and sometimes child consultants – support the process from a neutral position.

The dispute is worked through in a series of face-to-face meetings where all parties and their professional team are present. Issues are discussed openly, different options are explored, and a customised agreement is reached that can then be made into a legally binding order.

What makes it different?

At the start of a collaborative process, everyone signs a Participation Agreement committing to honest disclosure, respectful communication, and staying out of court. Each party has their own collaboratively trained lawyer, and a team of other professionals – financial advisers, coaches, and sometimes child consultants – support the process from a neutral position.

The dispute is worked through in a series of face-to-face meetings where all parties and their professional team are present. Issues are discussed openly, different options are explored, and a customised agreement is reached that can then be made into a legally binding order.

	Collaborative practice	Court litigation
Who decides the outcome?	The parties themselves	A judge
How long does it take?	Usually weeks to months	Can take years
Is it private?	Yes. Confidential	No. Public record
Can relationships be preserved?	Yes. Designed to prioritise relationships	Often damaged
Who is supported throughout?	All parties, by a professional team	Each party by their own lawyer only

A brief note on mediation

Mediation also keeps disputes out of court, but in mediation a single neutral mediator works with the parties and there is generally no sharing of legal advice during sessions. In collaborative practice, each party has their own lawyer present at all times, plus additional specialist support from a financial and/or communication professional. The team approach tends to produce more durable outcomes. Mediations usually take place only over the course of one day, which parties usually communicating in the lead up to the mediation in written correspondence through their lawyers, which can often become heated and inflammatory. In collaborative practice, the team works together from the beginning of the process until the end.

What kinds of disputes is it suitable for?

• Family law: separation, property settlement, parenting arrangements, de facto relationship endings, prenuptial agreements
• Wills and estates: disputes after the passing of a family member or loved one, estate planning, family estate conversations
• Commercial law: partnership and director disputes, employment disputes, business relationship breakdowns

For more detail, see our pages on each of these areas: