collaborative wills & estates
The Role of the Facilitator in Collaborative Practice
When people first hear about collaborative practice, they often understand the role of the lawyers. But there is another role that can make a significant difference to how the process feels, and how effective it is.That role is the facilitator.
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What Is a Facilitator?
A facilitator is an independent professional who supports the collaborative process byhelping conversations stay focused, constructive and productive. They are not there to take sides or give legal advice.
Instead, their role is to:
- Guide discussions
- Help manage the flow of conversations
- Support clear communication
- Keep everyone working towards resolution
In many cases, facilitators are also trained mediators, with experience in helping people navigate complex or sensitive discussions.
Why Have a Facilitator Involved?
In situations involving separation or family matters, conversations can sometimes become:
- Emotionally charged
- Difficult to navigate
- Focused on positions rather than solutions
A facilitator brings an independent voice into the room, someone whose role is to support the process itself.
This can reduce tension, help people feel heard, create space for more constructive discussion, keep things moving forward.
It allows the lawyers to focus on providing advice, while the facilitator supports how theconversation unfolds.
What Does a Facilitator Actually Do?
The facilitator works alongsidethe lawyers and the parties throughout the process. Their role can include:
Preparing for Meetings
- Helping identify the issues that need to be discussed
- Setting clear agendas for each meeting
- Ensuring everyone is ready to engage productively
During Meetings
- Guiding the conversation so it stays on track
- Helping manage difficult moments or misunderstandings
- Encouraging balanced participation
- Supporting idea generation and problem-solving
Between Meetings
- Checking in with participants where needed
- Helping maintain momentum
- Assisting with preparation for the next stage of discussions
The facilitator will focus on:
Their focus is always on helping the process work well, so that good decisions can be made.
An Independent and Neutral Presence
One of the key benefits of a facilitator is that they are independent of both parties. They are not your lawyer. They are not the other person’s lawyer. This neutrality allows them to:
- Focus on the quality of communication
- Support both people equally
- Help keep discussions balanced and respectful
It can make it easier for everyone to stay engaged in the process.
When Is a Facilitator Helpful?
A facilitator can be particularly valuable where:
- Conversations feel difficult or emotionally charged
- There are ongoing relationships to manage (for example, co-parenting or family dynamics)
- There are multiple issues to work through
- You want additional support to keep things moving forward
In some matters, a facilitator is involved from the outset. In others, they may be brought in as the need becomes clear.
Working as Part of the Team
Collaborative practice is built on the idea of ateam approach. The facilitator is part of that team, alongside the lawyers and, where needed, other professionals such as financial advisers or counsellors. Each person has a role:
- Lawyers provide legal advice
- Other professionals provide specialist input
- The facilitator supports the process and communication
Together, this creates a more supported and effective way of working through complex matters.
Our Approach
At Life Law Solutions, collaborative practice is part of how we approach better law.
- Elizabeth is collaboratively trained in both family law and wills & estates, and is a Trust and Estate Practitioner (TEP), bringing expertise to complex matters across both areas.
- Fraser is collaboratively trained in family law and also works within the process as a facilitator or coach, supporting communication and helping keep discussions constructive and on track.
We work with you – and with other professionals where appropriate – to create a process that is thoughtful, practical, and tailored to your situation.
starting the conversation
If you’re wondering whether this approach might work for you, you don’t need to decide straight away.
A first conversation can help you understand how the process works in your situation, explore whether it’s a good fit, and consider your options moving forward.
From there, we can help you take the next step – in a way that feels clear, supported, and right for you.
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