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Collaborative law is a legal process for solving disputes where both parties involved work together, with their respective lawyers, to achieve a mutual solution outside of court. This method is often seen in family law cases, especially in divorce scenarios, but can be used in commercial disputes as well. Conversation and negotiation play key roles and everybody involved has a clear interest in finding the best possible outcome.
In collaborative law cases, particularly in the context of family law, emotions can be high. You may need to seek legal counsel to support and guide you through the process. Disclosing finances, negotiating property matters, arranging child custody, or resolving commercial disputes could be complex and sensitive matters. A lawyer can assist you in understanding what's fair, what's feasible, and how to work toward an agreement that satisfies both parties.
In Nigeria, the Family Law Act and the Companies and Allied Matters Act (CAMA) are particularly relevant for collaborative law cases. Under the Family Law Act, couples have rights to shared assets and must ensure arrangements are in line with the best interests of the child/children involved. The CAMA governs commercial disputes and negotiation processes for settlements. A firm understanding of these laws is essential for successful collaborative law processes.
Collaborative law only becomes binding when the negotiated agreement is put into a legal document and signed by all parties. Before that, any discussions or agreements are not legally binding.
If parties can't reach an agreement through the collaborative law process, they have the option to take the case to court. In this situation, the lawyers involved in the collaborative process generally cannot represent you in court, ensuring they remain dedicated to finding a resolution outside of litigation.
The length of the collaborative law process varies based on the complexity of the case and the willingness of the parties to work toward an agreement. It can take anywhere from a few weeks to several months.
Yes, if negotiations fail and the dispute goes to court, you typically need a different lawyer as those involved in the collaborative process are often disqualified from representing you in court.
While the exact cost can vary based on many factors, collaborative law is generally less expensive than going to court as it avoids litigation costs and often results in quicker resolution.
For more information or assistance with collaborative law in Nigeria, we recommend contacting the Nigerian Bar Association or the Judicial Service Commission. Both provide advice and can help you find experienced collaborative law practitioners.
If you need legal assistance in a collaborative law process, the best approach is to seek a lawyer reputable in this field. Ask for recommendations, verify experience in collaborative law, and set up a consultation to assess your compatibility with the lawyer. This is a critical step in successfully resolving your case collaboratively.
