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Collaborative law, also known as Collaborative Practice, is a voluntary dispute resolution process used mainly in the field of family law (though it can apply to any civil dispute). Parties involved in a collaborative law process in Owerri, Nigeria mutually agree to work together to negotiate a settlement out of court, assisted by their respective lawyers. This approach emphasizes cooperation over confrontation, preserving relationships while allowing conflicting parties to find mutually satisfactory solutions to their disagreements. Although still a budding field in Nigeria, Collaborative Law is gaining recognition as a viable alternative to conventional litigation.
While collaborative law focuses on negotiation and settlement, having a lawyer is necessary for various reasons. A collaborative lawyer will guide you through the legal processes, help with the preparation and signing of necessary documents, and ensure your rights are fully respected during negotiations. Situations where you may need a collaborative law attorney include divorce cases, custody battles, land disputes, and other cases where you prefer a peaceful settlement over a court battle.
There are no specific laws outlining the process for collaborative law in Nigeria. However, the nation’s laws allow for out-of-court settlements, negotiation, and mediation as forms of dispute resolution. Parties can freely decide to use collaborative law processes and shape such processes to fit their situation and needs. It's therefore crucial to get a lawyer versed in negotiation and mediation skills and has a good understanding of the legal issues in dispute.
A collaborative law lawyer guides and advises their client throughout the negotiated settlement process. They are there to ensure that their client's interests are protected.
Although collaborative law practice is most commonly employed in family law cases, it can be adapted for any civil dispute where parties seek a negotiated settlement.
If parties involved in a collaborative law process cannot reach a mutually satisfactory settlement, they can proceed to litigation. However, the collaborative lawyers involved must withdraw, and new lawyers must be hired for the court process.
Nigeria's legal framework provides for numerous alternative dispute resolution mechanisms including negotiation and mediation, which are foundations of Collaborative Practice. However, specific legislative recognition and regulation for collaborative law are yet to be introduced in Nigeria.
The cost of Collaborative Law varies depending on the complexity of the case and the duration of the negotiations. However, reaching a settlement through Collaborative Law is typically less expensive than litigation because it reduces court fees and other associated costs.
For information on alternative dispute resolution processes, you can visit the official website of the Nigerian Institute of Chartered Arbitrators. They offer resources and can guide you towards finding a professional in the field of Collaborative Law.
If you need legal assistance in Collaborative Law, you should seek out a competent lawyer with a background in negotiation or mediation. Make sure you understand the terms of the collaborative law process before agreeing to it. Your chosen lawyer should be based in Owerri, have a solid understanding of relevant local laws, and be willing to protect your interests throughout the negotiation process.
