Collaborative Practice
In Estate and Succession Disputes
When an estate dispute arises, litigation isn't the only option, and often it's not the best one. Collaborative practice is a structured, non-adversarial process designed to help parties resolve their dispute with professional support, without going to court.
It's a way of working that fits naturally with how we approach everything at Era Succession Law: with honesty, respect for relationships, and a genuine commitment to finding outcomes that work for the people involved.
How collaborative practice works
In a collaborative process, each party is represented by their own collaborative lawyer. Everyone agrees at the outset to work towards a negotiated resolution, and to not use the threat of litigation as a lever.
Meetings are held with all parties and their lawyers present. Other professionals: financial advisers, counsellors, or mediators, can be brought in as needed. The focus is on interests of the people involved: what does each person actually need, and how can we find an outcome that meets those needs?
If the process breaks down and a party decides to go to court, the collaborative lawyers step aside and new lawyers are engaged for the litigation. This means everyone has a genuine incentive to make the collaborative process work.
Why choose collaborative practice?
It's generally faster and less expensive than litigation.
It keeps control with the family, not the court.
It prioritises relationships and future family functioning.
It's confidential: what's discussed stays in the room.
Outcomes can be more creative and flexible than what a court can order.
For families dealing with estate disputes, where ongoing relationships between siblings, children, and extended family often matter, collaborative practice can produce outcomes that litigation simply can't.
Is collaborative practice right for your situation?
Collaborative practice works best where all parties are genuinely committed to finding a resolution, and where relationships matter. It's not the right approach for every situation, but where it's appropriate, it can make a significant difference to both the outcome and the process of getting there
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Frequently asked questions
What is collaborative practice in law?
Collaborative practice is a structured dispute resolution process where parties and their lawyers commit to resolving the matter through negotiation rather than litigation. It's used in family law and estate disputes as an alternative to going to court.
How is collaborative practice different from mediation?
In mediation, a neutral third party helps the parties negotiate. In collaborative practice, each party has their own lawyer present and actively involved throughout. Both approaches aim to avoid litigation, they just use different structures to get there.
What happens if collaborative practice doesn't work?
If the process breaks down and a party decides to litigate, both collaborative lawyers step aside. This is a deliberate feature of the process, it means every participant has a genuine incentive to make it work.