When a marriage or relationship comes to an end, many people assume that adversarial court proceedings are the only way to resolve disputes over finances, property and arrangements for children. However, collaborative family law — a voluntary, non-adversarial process already well established in the United Kingdom, offers a promising alternative for families in Bermuda. In this process, both parties and their respective lawyers commit to resolving disputes through structured negotiation rather than litigation.
What Is Collaborative Family Law?
Each party retains their own collaboratively trained lawyer, and everyone signs a “Participation Agreement” setting out the ground rules. The foundational principle is that if the process breaks down and either party decides to go to court, both collaborative lawyers usually have to withdraw. This ensures that every person involved is fully invested in finding a negotiated resolution. The process is built on transparency, good faith, and mutual