Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Collaborative law is an out-of-court dispute resolution process that is often used for family matters such as divorce, separation, child custody, spousal support and the division of property. In Tavannes, a town in the Bernese Jura region of the Canton of Bern, collaborative law provides an alternative to litigation by encouraging cooperative negotiation between the parties with the help of specially trained lawyers and, where needed, neutral specialists such as financial neutrals or child specialists. The goal is to reach a mutually acceptable agreement that meets the needs of both parties and any children involved, while minimizing conflict, preserving privacy and reducing time and costs compared with a contested court process.
Even though collaborative law is less adversarial than litigation, having a lawyer is essential. Lawyers trained in collaborative practice do more than give legal advice - they help structure the process, explain legal rights and obligations under Swiss law, prepare and review settlement documents, advise on practical consequences for finances and children, and ensure that any agreement is enforceable. Common situations where people seek collaborative lawyers include:
- Couples planning an amicable divorce who want to avoid court.
- Partners who need to sort out pension splitting, property division or debts.
- Parents wanting to create workable parenting plans and child support arrangements.
- Parties with cross-border or multi-jurisdictional elements who want expert legal guidance while negotiating.
- People who value confidentiality, control over outcomes and faster resolution than a court timetable allows.
Collaborative law itself is a process and is not governed by a single statute in Switzerland. Instead, it operates alongside Swiss substantive and procedural law. Key legal points relevant to collaborative processes in Tavannes include:
- Applicable law and jurisdiction: Family law matters are governed primarily by the Swiss Civil Code and federal rules. Matters arising in Tavannes fall within the jurisdiction of the Canton of Bern courts when court intervention is required. Language of procedure in Tavannes is commonly French, so practitioners who speak French or are bilingual are often preferred.
- Matrimonial property regimes: Switzerland recognises different matrimonial property regimes. The default regime for many couples is participation in acquired gains. Understanding which regime applies is essential when negotiating property division.
- Pension splitting: Occupational pension entitlements accumulated during marriage are generally subject to division on divorce. Collaborative agreements must address pension fund splitting and its formal implementation.
- Child custody and support: Swiss law prioritises the best interests of the child. Collaborative agreements that determine custody, residence and support are enforceable if they meet legal standards and are properly formalised.
- Enforceability and court approval: Certain family-law outcomes, such as divorce decrees and some settlements, require court recognition or registration to be fully effective. A collaborative settlement will typically need to be formalised so it can be made enforceable by the competent court or authority.
- Professional and ethical rules: Swiss lawyers follow professional rules set by cantonal bar associations and the Swiss Bar Association. Collaborative practice is supported by professional codes and voluntary collaborative agreements between lawyers and clients.
Collaborative law is a lawyer-assisted negotiation process where each party hires a collaborative lawyer and all participants agree to resolve their dispute without going to court. Unlike mediation, where a neutral mediator facilitates negotiations between the parties, in collaborative law each party has independent legal advice during the process. Unlike litigation, collaborative law is cooperative rather than adversarial and aims to produce a negotiated settlement rather than a judge-made decision.
Yes. Collaborative law is used throughout Switzerland, including in Tavannes and the Canton of Bern. Availability depends on local practitioners who are trained or experienced in collaborative practice. You can usually find collaborative lawyers in larger regional centres near Tavannes or lawyers serving the Bernese Jura who offer the process in French and often in other languages.
Collaborative law is suitable when both parties are willing to negotiate in good faith, wish to avoid court, and want to maintain control over the outcome. It is less suitable when there is a serious power imbalance, ongoing domestic violence, or when one party is unwilling to negotiate. A preliminary consultation with a collaborative lawyer can help determine suitability.
Collaborative agreements normally include a commitment that if the process breaks down, the collaborative lawyers must withdraw and the parties will need to seek new counsel for court proceedings. This requirement is designed to encourage settlement, but it means that if negotiations fail you will likely need new lawyers to proceed to court.
Costs vary depending on the complexity of the case, the number of meetings, and the involvement of specialists such as financial neutrals or child consultants. While collaborative law can be less expensive than prolonged litigation, clients still pay their own lawyers and any shared specialists. Your lawyer should provide a clear fee estimate and a retainer agreement at the outset.
Yes, confidentiality is a central feature of collaborative practice. Discussions and documents prepared for the collaborative process are typically kept private. However, confidentiality has limits - for example, legal duties to report criminal conduct or ongoing child protection concerns will override confidentiality obligations. Your collaborative lawyer will explain these limits during the initial consultation.
Yes, collaborative teams can include financial neutrals and other experts to deal with complex valuations, tax and pension issues, and cross-border concerns. When international elements are present, it is important to involve lawyers familiar with the relevant jurisdictions and applicable international law.
A negotiated agreement can be made legally binding once it is correctly formalised. For divorce, maintenance, property division and pension splitting, parts of the agreement may need to be approved by a court or executed through specific registration procedures. Your lawyer will ensure the settlement is drafted and finalised to meet legal requirements.
Collaborative law is not recommended in situations where there is significant domestic abuse or a major power imbalance that prevents free and informed negotiation. In such cases, other legal protections, safe negotiated alternatives, or court remedies may be more appropriate. If safety is a concern, discuss options with a lawyer and relevant social services before entering a collaborative process.
Start with the cantonal bar association directory or ask local legal clinics, mediation centres and family counselling services for recommendations. Look for lawyers who list collaborative law experience, collaborative training certificates or memberships in collaborative practice networks. It is also helpful to choose a lawyer who can work in the language you prefer, commonly French in Tavannes.
Below are types of resources and bodies that can help someone seeking collaborative law assistance in Tavannes:
- Cantonal authorities in the Canton of Bern: for information on family law procedures, court locations and legal aid. Most cantons operate a legal aid or assistance judiciaire scheme for those with limited means.
- Federal Office of Justice: for information about Swiss family law principles and general legal frameworks.
- Cantonal or regional mediation centres and family counselling services: offer information and referrals to collaborative practitioners and neutrals.
- Cantonal bar association and Swiss Bar Association: directories and ethical rules for lawyers and guidance on finding specialised practitioners.
- Local social services and municipal offices in Tavannes: for support on practical and child welfare matters during separation or divorce.
- Financial advisors, pension consultants and child specialists experienced in collaborative practice: provide neutral assessments and reports when needed.
If you are considering collaborative law in Tavannes, follow these practical steps:
- Assess suitability: Consider whether both parties are willing to negotiate and whether collaborative law fits your safety and fairness needs.
- Find a collaborative lawyer: Contact the cantonal bar association, local legal clinics or family counselling centres to identify lawyers experienced in collaborative practice and able to work in the language you prefer.
- Schedule an initial consultation: Meet with a collaborative lawyer to explain your situation, learn about the process, get a fee estimate and discuss potential specialists to include on your team.
- Prepare documents: Gather financial records, pension statements, property documents and any other papers your lawyer recommends to support informed negotiation.
- Sign a collaborative agreement: If you proceed, you and the other party will sign a collaborative participation agreement that sets ground rules, confidentiality terms and the commitment not to litigate.
- Work with the team: Attend joint meetings with your lawyer, the other party and any mutually agreed neutrals to negotiate and draft a settlement.
- Formalise the agreement: Have the settlement drafted into a legally enforceable form and, if required, obtain court approval or complete registration steps such as pension fund splitting.
- Finalise practical matters: Ensure transfers of property, updates to insurance and pension paperwork, and any parenting arrangements are implemented as agreed.
Remember that collaborative law is a voluntary process focused on respectful negotiation and practical solutions. If you are unsure whether collaborative practice is right for you, seek an initial consultation to explore alternatives such as mediation or litigation and to learn about legal aid options in the Canton of Bern.
Disclaimer - This guide is for informational purposes and does not constitute legal advice. For advice tailored to your circumstances, consult a qualified lawyer in Tavannes or the Canton of Bern.
