Collaborative Law
Resolve family and estate matters together, without going to court.
When relationships change or a loved one passes away, the way you resolve things matters as much as the outcome. Collaborative law gives you a respectful, private way to reach agreement, with trained lawyers in your corner the whole way.
Reviewed by Amanda Little, Principal Partner, collaboratively trained family lawyer and member of the Australian Association of Collaborative Professionals (AACP). Last updated November 2026.
Reviewed by Jacinta Watkins, Wills and Estates Partner, collaboratively trained lawyer, AACP member and Board Member of Collaborative Professionals (NSW & ACT) Inc. Last updated November 2026.
Penrith Office
Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750
Mon-Fri, 9am-5pm
In person, phone or video consultations
Call: 1300 252 529 Get Directions
What is collaborative law?
Collaborative law is a way of resolving disputes out of court. You and the other people involved each have your own collaboratively trained lawyer. Everyone signs an agreement to work things out together in round-table meetings, rather than in a courtroom.
The key difference is the commitment. If the process breaks down and anyone goes to court, the collaborative lawyers must step aside and cannot act in the court case. That gives everyone, including the lawyers, a real reason to make it work.
Where it helps, the team can include other trained professionals, such as a neutral financial expert, a family consultant or a child specialist. You share their advice rather than each paying for your own.
Where we use collaborative law
Collaborative Family Law
Separation, property and parenting arrangements, resolved respectfully.
Collaborative Estate Planning
Plan your Will with your family at the table, so your wishes are understood.
Collaborative Deceased Estates
Executors and beneficiaries working together after a loss.
Collaborative Contested Estates
Resolve a Will dispute or family provision claim without court.
How it compares
| Comparison | Collaborative law | Mediation | Lawyer negotiation | Court |
|---|---|---|---|---|
| Who decides | You, together | You, with a mediator’s help | You, through your lawyers | A judge |
| Your lawyer | Beside you in every meeting | Often not in the room | Writes and calls on your behalf | Argues your case |
| Experts | Shared, neutral | Each side’s own | Each side’s own | Each side’s own, often opposing |
| Privacy | Private and confidential | Private and confidential | Private | Mostly public |
| Pace | Set by you | One or a few sessions | Can drag on | Set by the court’s list |
| Relationships | Built to protect them | Can help | Often strained | Usually damaged |
Why choose collaborative law?
- You stay in control. You set the agenda, the pace and the outcome. No one imposes a decision on you.
- It stays private. Discussions happen in confidential meetings, not a public courtroom.
- Costs are more predictable. Meetings are planned and shared experts avoid duplicated fees.
- Relationships are protected. You will likely be co-parents, siblings or family long after this is resolved.
- Solutions that fit your family. You can agree on practical outcomes a court could never order.
- Support at every step. Your lawyer is with you in every meeting, so you are never negotiating alone.
How the process works
Is collaborative law right for us?
Collaborative law works best when everyone:
- wants to resolve things without court
- can share information honestly and fully
- is willing to listen and consider each other’s needs
- feels safe enough to sit at the same table.
It may not be the right choice if there is family violence, a serious power imbalance, a need for urgent court orders, or someone is hiding assets. If that is your situation, we will talk you through safer options. Every person involved needs their own collaboratively trained lawyer. If the other party does not have one, we can point them to the AACP Find a Professional directory.
Estates with Compassion
Our collaborative estates work is part of Estates with Compassion, led by Wills and Estates Partner Jacinta Watkins. Whether you are planning ahead, supporting your family after a loss or working through a disagreement, we keep people at the centre and help families stay close.
Collaborative Estate Planning · Collaborative Deceased Estates · Collaborative Contested Estates
Meet our collaboratively trained lawyers
Collaborative law takes specific training. Our lawyers have completed it and are members of the Australian Association of Collaborative Professionals (AACP).
Amanda Little
Family Law Accredited Specialist
Amanda has spent more than 20 years in family law. She is an Accredited Specialist, Mediator, Family Dispute Resolution Practitioner and Collaborative Family Lawyer, and the Principal Partner of ALA Law.
Jacinta Watkins
Partner
Estate Planning and Deceased Estate
Collaborative Professional
Jacinta leads our wills and estates work, from estate planning and powers of attorney to probate and deceased estates.
Frequently asked questions
How much does collaborative law cost?
It depends on how many issues there are and how many meetings you need. It is often less than court because the process is planned and experts are shared. We will give you a cost estimate at the start.
How long does it take?
You set the pace. Many matters resolve in a series of meetings over a few months, far quicker than a typical court case.
What happens if it doesn’t work?
You can still go to court, but you would need new lawyers. This is the commitment that keeps everyone focused on reaching agreement.
Is the agreement legally binding?
Yes, once it is formalised. In family law that is usually consent orders or a binding financial agreement. In estates it may be a deed of settlement, court orders or new Wills.
Does the other person need a collaborative lawyer too?
Yes. Each person has their own collaboratively trained lawyer. That is what makes the process balanced.
We’ve already started court proceedings. Can we switch?
Often, yes. Talk to us about pausing the court process to try a collaborative approach.
Ready to talk it through?
Book a confidential conversation with one of our collaboratively trained lawyers. We’ll help you work out whether collaborative law suits your situation.