Mediation in Bermuda

Quick Facts

• Legal Framework: Bermuda's ADR framework follows the Arbitration Act 1986 for domestic arbitrations and the Bermuda International Conciliation and Arbitration Act 1993 ('1993 Act') which gives effect to the UNCITRAL M...
• Cultural Approach: Bermuda's cultural approach to ADR reflects its position as an international financial centre. Arbitration is more common than mediation, indicating preference for formal dispute resolution. The court...
• Typical Costs: Specific fee structures for ADR in Bermuda are determined by institutions such as CIARB Bermuda Branch and Bermuda Conflict Resolution Institute. The 1993 Act provides framework for cost allocation. C...

Mediation Research

Legal Framework

Bermuda's ADR framework follows the Arbitration Act 1986 for domestic arbitrations and the Bermuda International Conciliation and Arbitration Act 1993 ('1993 Act') which gives effect to the UNCITRAL Model Law on International Commercial Arbitration and applies to international commercial arbitration with seat in Bermuda. The 1993 Act also provides framework for mediation (referred to as 'conciliation' in Bermuda). ADR is not compulsory but parties can agree to explore settlement through mediation, and courts encourage this when appropriate. Arbitration is more common than mediation.

Court System

Bermuda courts are very supportive of arbitration and will strike out claims brought contrary to agreements to arbitrate. Courts provide limited assistance to arbitrations including granting interim injunctions, appointing receivers, examining witnesses on oath, securing disputed amounts, and preserving property. Courts encourage parties to explore settlement through mediation when appropriate. Courts have exclusive jurisdiction for criminal law, insolvency, bankruptcy, most public policy matters, and some family law aspects.

Mediator Regulations

The Bermuda Conflict Resolution Institute offers mediation services. The Chartered Institute of Arbitrators (CIARB) Bermuda Branch established in 1996 has its own bespoke arbitration rules updated in 2019. Professional standards are maintained through CIARB and the Bermuda Conflict Resolution Institute. Specific licensing requirements are regulated through these institutions. The 1993 Act provides framework for mediation (conciliation) in Bermuda.

Cultural Approach

Bermuda's cultural approach to ADR reflects its position as an international financial centre. Arbitration is more common than mediation, indicating preference for formal dispute resolution. The courts' strong support for arbitration demonstrates institutional acceptance. The international business environment influences ADR practices. The emphasis on enforcing arbitration agreements indicates commitment to party autonomy.

Typical Costs

Specific fee structures for ADR in Bermuda are determined by institutions such as CIARB Bermuda Branch and Bermuda Conflict Resolution Institute. The 1993 Act provides framework for cost allocation. Costs are typically shared between parties unless otherwise agreed. CIARB's bespoke arbitration rules include fee provisions. The emphasis on efficiency suggests cost effectiveness compared to litigation.

Sources

• Litigation & Dispute Resolution Laws and Regulations Report 2026 Bermuda (organisation)
• Alternative Dispute Resolution (ADR) Lawyers & Arbitration Services (organisation)
• New York Convention - Bermuda (organisation)
• Singapore Convention on Mediation - Jurisdictions (organisation)

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