When most people think of an estate dispute, they imagine years in court, high legal bills, and fractured family relationships.

Sadly, that is often the reality, but it does not have to be.

I recently spoke with Zinta Harris, an estate lawyer with over 25 years’ experience and one of Australia’s leading advocates for collaborative practice in wills and estates. She describes herself as a “recovering litigator” turned “resolutionist” and after our conversation, it is easy to see why.

The collaborative process turns the traditional model on its head.

Instead of fighting it out in court, everyone agrees at the outset not to litigate. A participation agreement locks this in, and if it fails, all professionals involved must step aside, removing the temptation to keep one eye on the courtroom door.

Here is how it works:

• A trained collaborative coach (often with a psychology or mediation background) assesses whether the family is suited to the process and explains it to everyone.
• A professional team is formed, including collaboratively trained lawyers, financial advisers, and the coach, to support the family.
• Staged meetings replace marathon mediations, allowing time to process information, gather facts, and explore options.
• Open communication is prioritised. Everyone shares relevant information so solutions can be tailored to needs and values, not just legal entitlements.
• Creative outcomes become possible, such as keeping a holiday home in the family instead of selling it because “the law says so”.

It is still structured, still legally sound, but far more private, flexible, and human.

Who it is for

Collaboration works best when:

• Preserving family relationships is a priority
• There is willingness to be open and transparent
• The parties want to avoid the emotional and financial toll of court

It can even help in high-conflict or blended families. In some cases, relationships that had been estranged for years have improved during the process.

The biggest difference: control

In litigation, the court decides.

In collaboration, you decide, with the support of professionals, on solutions that work for everyone involved. That control over the outcome, timing, and costs is what makes the process so empowering.

If you are facing an estate dispute, ask your lawyer whether they are trained in collaborative practice or can refer you to someone who is.

If you would like to talk through how this process could work for your situation, feel free to get in touch with me at [email protected].

It is not about winning the dispute. It is about resolving it in a way that protects both your future and your family.

🎧 Want to hear the full conversation with Zinta Harris?
Watch the complete Life, Loss and Legacy episode here: