By Mikayla Golding | Solicitor at Resolve
What Is Collaborative Law?
Collaborative law is a voluntary, client-centred approach to resolving family law matters without the expense, stress, conflict, and time that often comes with traditional negotiation methods and litigation.
In the collaborative process, each spouse is represented by a specially trained collaborative lawyer. Everyone involved commits to resolving issues through open communication, mutual respect, and problem-solving, rather than litigation.
The process often includes a team of professionals, such as financial neutrals or family specialists, who help address legal, financial, and emotional concerns in a coordinated way. By focusing on transparency and cooperation, collaborative law creates a structured environment where informed decisions can be made without the adversarial pressures of court.
One of the greatest benefits of collaborative law that we’ve found at Resolve is that it allows individuals to focus on what truly matters most to them. Because the process is tailored to each family’s unique goals and values, solutions are crafted rather than imposed. This gives you greater control over outcomes that will affect your life, and your spouse’s, long after the divorce is finalised.
By minimising conflict and encouraging respectful dialogue, collaborative law helps shield you and your family (especially children) from the emotional and financial toll of prolonged disputes, making it possible to move forward with dignity and stability.
How Collaborative Law Makes Everyone a Winner
At its core, collaborative law is built on the idea that both parties can leave the process having achieved outcomes that truly matter to them.
While it may seem unrealistic to think that everyone can “win” in a divorce, the collaborative approach shifts the focus away from winning and losing altogether. Instead, the goal is to ensure that neither party walks away feeling defeated, unheard, or forced into an outcome that does not reflect their priorities.
A helpful way to understand this is to think of your family’s assets or resources as an orange. In a traditional, court-driven process, the solution is often to divide the orange in half, assuming that equal division is the fairest result.
But when you take the time to identify your goals and communicate openly, different possibilities emerge. One person may value the juice, while the other cares most about the zest. Through collaboration and thoughtful discussion, both of you can receive what is most important to you, rather than each settling for only part of what you truly want.
This is the strength of collaborative law: it creates space for creative, personalised solutions that allow both parties to achieve their best possible outcome.
How Do I Know If Collaborative Law Is Right for Me?
Research into the collaborative process consistently shows that it is especially effective for people who:
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Value having greater control over their outcomes
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Want to avoid the financial and emotional costs of litigation
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Hope to maintain a respectful, workable relationship with their spouse moving forward
You’re likely to thrive in a collaborative setting if you’re motivated by problem-solving rather than conflict, and you’re willing to engage in thoughtful discussion to reach durable, personalised agreements.
When deciding whether collaborative law is the right fit, it can be helpful to reflect on a few key considerations:
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Are you able to work with your spouse in a generally cooperative and respectful manner, even during difficult conversations?
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Are you open to considering your spouse’s goals and how those priorities may shape the final agreement?
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Are you willing to participate in a team-based process that emphasises transparency, mutual respect, and shared problem-solving?
For those who can answer yes to these questions, collaborative law can offer a constructive and empowering path forward.
How Does the Collaborative Process Work?
To get started, your spouse will also need to work with a collaboratively trained lawyer. They can find one independently, or of course, we can recommend one of our trusted colleagues.
Once both parties are appropriately represented, the collaborative process begins with a clear focus on identifying what matters most to you. Your goals form the foundation for the work ahead and help guide every decision throughout the process.
From there, the team is thoughtfully assembled to support those priorities. This may include:
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A financial neutral to assist with complex financial matters
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A family professional to consider the needs of children and support both spouses through the emotional aspects of separation
One of the defining strengths of collaborative law is its flexibility. The process allows the right professionals to be brought in at the right time, creating a team tailored to your family’s unique circumstances.
This team-based approach ensures that legal, financial, and emotional considerations are addressed in a coordinated and supportive way, providing the structure and resources needed to move forward with clarity and confidence.
Where to Now?
Collaborative law offers a thoughtful and forward-focused alternative to traditional family law that prioritises dignity, respect, and solutions tailored to what matters most to your family.
By emphasising open communication, shared problem-solving, and a team-based approach, the collaborative process empowers you to maintain control over outcomes while reducing conflict and protecting important relationships.
If you think collaborative law might be the right process for you and your family, or if you would like to better understand how it works, we invite you to reach out to our team of experienced family lawyers. We are here to answer your questions, help you explore your options, and support you in choosing a path that aligns with your goals and values as you move forward.
Learn more about our process here.
Want to understand more about how collaborative law could work for you? Book a free 15-minute call with our client care team here.