What Is Collaborative Law? | Family Law Without Court
with Melody van der Wallen, Principal Lawyer at Wallen Family Law
When couples separate, not every matter needs to end up in court.
Collaborative law is a structured process that allows separating couples to resolve issues respectfully, privately and with professional support — without ever stepping into a courtroom.
Melody van der Wallen, Principal Lawyer at Wallen Family Law, explains that collaboration is designed for people who want to move forward with dignity. “It’s about finding solutions that protect relationships, particularly when there are children involved,” she says. “We sit at the same table — not opposite sides — and focus on what matters most.”
What Is Collaborative Law?
Collaborative law brings both parties and their lawyers together in a cooperative process aimed at reaching a mutually beneficial agreement.
Instead of negotiating through letters or preparing for court, everyone commits to open communication, full financial transparency, and respectful problem-solving.
“The key difference is the commitment to stay out of court,” Melody explains. “Both parties and their lawyers sign an agreement confirming that they’ll resolve the matter collaboratively. If it breaks down and someone decides to litigate, the collaborative lawyers must step aside.”
This creates a shared motivation to work toward resolution — not conflict.
How the Process Works
Collaborative law typically involves a series of structured meetings where both parties, their lawyers, and sometimes neutral professionals (like financial advisors or psychologists) work through each issue together.
Each meeting has a clear agenda, and the focus remains on understanding needs, exploring options, and creating fair, sustainable solutions.
“We talk about what each person needs for the future, not just what they’re entitled to,” Melody says. “That shift in mindset often leads to faster, more creative and more peaceful outcomes.”
When It’s a Good Fit
Collaborative law is ideal for clients who:
Want to avoid the stress and cost of court
Are willing to communicate openly and honestly
Want to protect co-parenting relationships
Value privacy and control over their outcomes
“It’s not for everyone,” Melody cautions. “If there’s family violence, coercion or an inability to communicate safely, traditional negotiation or court processes may be better suited. But where mutual respect is possible, collaboration can be life-changing.”
Why It Works
Melody says the success of collaborative law lies in its mindset: replacing blame with problem-solving.
“We focus on interests, not accusations,” she explains. “Everyone is heard, and the process stays constructive. It’s designed to rebuild trust, not destroy it.”
At Wallen Family Law, Melody and her team use their collaborative training to help families reach practical, lasting agreements — often faster and with far less emotional strain than court-based proceedings.
“Our table is round for a reason,” she adds. “Collaboration reflects who we are as a firm — strong, calm, and focused on resolution.”
Quick Answers
What is collaborative law?
A voluntary process where both parties and their lawyers agree to resolve family law issues outside of court through open, respectful discussions.
Do I still need a lawyer in collaborative law?
Yes. Each person has their own collaboratively trained lawyer who supports them through the process and ensures their rights are protected.
What happens if we can’t reach agreement?
If collaboration breaks down, both lawyers must withdraw and new lawyers take over for any court process. This encourages everyone to stay committed to resolution.
Is collaborative law faster than going to court?
Usually yes. With goodwill on both sides, matters can often be finalised within weeks or months instead of years.
Can we use collaborative law for both parenting and property matters?
Absolutely. It’s effective for both — especially when the goal is to preserve relationships and minimise conflict.
From Melody
“Collaborative law gives families a way to separate with dignity. It replaces confrontation with cooperation, helping people move forward peacefully and protect what truly matters — their children, their wellbeing, and their future.”
– Melody van der Wallen, Principal Lawyer, Wallen Family Law