For decades, family disputes in Bermuda -particularly divorces- have been guided by the traditional adversarial court model, often pitting former partners against one another in a win-lose battle. But what if there were a better way? A way to resolve conflict respectfully, preserve relationships, and protect children from the emotional toll of litigation?
That vision is what inspired the creation of the Collaborative Law Alliance of Bermuda (CLA)-a group of lawyers, counsellors, and family specialists united by a shared belief that families deserve a kinder, more constructive path through separation.
The roots of the Collaborative Law Alliance stretch back nearly two decades. As lawyer Jackie Maclellan recalls, “After years practicing divorce law the traditional way, I had lunch with a counsellor who told me she dreaded sending clients to lawyers because the respectful communication she’d worked so hard to foster was immediately undone in the adversarial process. That struck a chord.”
Motivated to find an alternative, Jackie pursued training in mediation and collaborative law-a model that removes courtroom confrontation and focuses instead on cooperation and mutual respect. “It was a whole new way to help couples end their marriage with dignity,” she says.
The movement took root in Bermuda in 2006, when a small group of like-minded family lawyers trained together in this new approach. From that foundation, the Collaborative Law Alliance was born, creating a professional network dedicated to resolving disputes without litigation.
As Katie Richards, Chair of the CLA, explains, “Collaborative law sits between litigation and mediation. Each party retains their own collaboratively trained lawyer, but everyone signs a pledge not to go to court. This changes the entire dynamic-there’s no ‘fight to win.’ Instead, the focus is on open communication, full transparency, and creative solutions that serve the whole family.”
Clients meet in structured sessions with their lawyers and, when needed, neutral professionals such as financial advisors, child specialists, or collaborative coaches. “The process is private, respectful, and entirely client-led,” says lawyer Alma Dismont. “It’s about helping families craft their own out-comes, not having a judge impose them.”
The principles underpinning collaborative law have even gained endorsement from the judiciary. In a recent opinion, Assistant Justice Alexandra Wheatley of the Supreme Court of Bermuda emphasized the profound importance of alternative dispute resolution in family matters. She noted that the adversarial system often “deepens wounds and amplifies acrimony,” while collaboration “empowers parties to resolve their differences outside the courtroom, where solutions can be guided by understanding rather than judgment.”
Assistant Justice Wheatley described the courtroom as a “guardian of last resort”-a sentiment that perfectly mirrors the CLA’s philosophy of preserving dignity, respect, and long-term family stability. Her opinion underscores a growing recognition that justice is not just about verdicts but about helping families move forward peacefully.
At the heart of the CLA’s work lies a simple but profound belief: that families should remain in control of their futures. “We keep children at the centre, not in the middle,” says Katie. “Transparency, honest disclosure, and respect are non-negotiable from day one.”
Collaborative coach Lorrie Peniston, a therapist by profession, sees firsthand how this process supports emotional well-being.
“It’s not just about ending a marriage; it’s about beginning a healthier next chapter,” she says. “When disputes are resolved through cooperation rather than conflict, families and communities all thrive.”
For lawyer Nicole Cavanagh, one of the CLA’s key strengths lies in accessibility.”Collaborative law allows couples to resolve matters outside of court, reducing costs and making divorce more attainable for families who might otherwise find litigation unaffordable,” she explains. “It also helps ease the burden on the courts, freeing up resources for cases that truly require judicial intervention.”
While public awareness is still growing, the CLA is actively changing that through community education, social media outreach, and upcoming symposiums. “We want Bermudians to know they have a choice,* says Cavanagh. “Court should be the last resort, not the first step.”
The Collaborative Law Alliance represents a quiet revolution in how Bermuda approaches family law-a shift from confrontation to compassion. And while challenges remain, including public misconceptions that collaboration is “too soft,” the CLA continues to demonstrate that strength lies in cooperation, not conflict.
For the members of the Collaborative Law Alliance, success isn’t measured in court victories but in moments of peace: parents attending their child’s concert together, former partners communicating productively, and children feeling secure despite family change.
As Alma reflects, “Conflict is inevitable, but destruction is not. Collaborative law transforms disagreement into understanding.
Families leave not just with agreements, but with mutual respect and the ability to move forward.”
Katie adds, “You have a choice in how your family’s story unfolds. Divorce will always be painful-but it doesn’t have to be destructive. With collaboration, families can Separate with dignity and preserve what truly matters: respect, stability, and peace.”
Tel: 441-292-6100 | Web: cla.bm | LinkedIn: www.linkedin.com/company/cla-bda
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