Is Collaborative Practice Right for Me?
Collaborative practice is not right for every situation. This page is designed to help you decide whether it might be right for yours.
You might consider collaborative practice if…
- You are separating from a partner and want to maintain a respectful co-parenting relationship
- You want to resolve a legal dispute privately, without a public court record
- You have a family estate dispute and want to preserve family relationships
- You are in a business or commercial dispute where the ongoing relationship matters
- You want to have genuine input into the outcome, rather than leaving it to a judge
- You want a faster, less expensive process than traditional litigation
- You want the support of a whole team, not just your own lawyer, during a difficult process
Collaborative practice may not be the right fit if…
- There is a significant imbalance of power or a history of abuse. This should be discussed with a collaborative professional before proceeding
- One party is unwilling to commit to honest disclosure of relevant information
- An urgent court order is needed (for example, for safety reasons)
- One party is simply unwilling to try a non-adversarial process
What to expect, step by step
- Initial consultation: you meet with a collaboratively trained professional to decide if the process is right for your situation.
- Signing the Participation Agreement: all parties formally commit to the process: honest disclosure, respectful communication, and staying out of court.
- Team meetings: a series of structured face-to-face meetings where issues are discussed openly with the full professional team.
- Reaching agreement: a custom solution is crafted by the parties themselves, then made into a legally binding agreement or order.
Common questions
Most collaborative matters resolve significantly faster than litigation. Family law matters often conclude within a few months. The timeline depends on the complexity of the dispute and the pace of the parties.
Costs vary depending on the complexity of the dispute and the number of professional team members involved. While there are fees for each professional, the total cost is generally lower than the equivalent litigation, and considerably lower if the case would otherwise have gone to trial.
If the collaborative process does not result in an agreement, the parties retain the right to pursue litigation. However, the collaborative lawyers cannot continue to act — both parties would need to appoint new lawyers. This provides a strong incentive for all involved to make the process work.
Yes. Collaborative discussions are confidential. What is said in the process cannot be used in subsequent court proceedings.
On this page
- You might consider collaborative practice if…
- Collaborative practice may not be the right fit if…
- What to expect, step by step
- Common questions
Ready to take the first step on the collaborative journey?
Australian Association of Collaborative Professionals
For a comprehensive FAQ about the collaborative process, including detailed questions about the Participation Agreement and what happens if the process breaks down, visit the AACP national website (opens in new tab).
Take the first step
Ready to find a collaborative professional in NSW?