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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

Gentle conversation with a collaborative family lawyer
Family sitting together with their lawyer to plan their estate collaboratively

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

ComparisonCollaborative lawMediationLawyer negotiationCourt
Who decidesYou, togetherYou, with a mediator’s helpYou, through your lawyersA judge
Your lawyerBeside you in every meetingOften not in the roomWrites and calls on your behalfArgues your case
ExpertsShared, neutralEach side’s ownEach side’s ownEach side’s own, often opposing
PrivacyPrivate and confidentialPrivate and confidentialPrivateMostly public
PaceSet by youOne or a few sessionsCan drag onSet by the court’s list
RelationshipsBuilt to protect themCan helpOften strainedUsually 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

01
First Step
First conversation

We talk about your situation and whether collaborative law is right for you.

02
Second Step
Signing the agreement

Everyone signs a participation agreement committing to resolve things without court.

03
Third Step
Round-table meetings

You, the other party and both lawyers meet to set goals and work through the issues.

04
Fourth Step
Information and experts

Everyone shares information openly. Neutral experts are brought in where needed.

05
Fifth Step
Agreement made binding

We document what you agree and make it legally binding, for example through consent orders, a financial agreement, a deed or a Will.

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

WillsProbateDeceased estatesContested wills

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.