Mandatory conciliation: An alternative for conflict resolution in Colombia

Law 640 of 2001 made mandatory in Colombia the attempt to conciliate as a procedural requirement for the admission of sues in some law areas. Conciliation is essentially a volun­tary process, but can the legal obligation as a requirement for a judicial process produce agreements between parties that...

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Detalles Bibliográficos
Autores principales: Lagos Cortés, Diógenes, Gómez Ardila, Ciro Alberto, Muller Sánchez, Charles Alberto
Formato: Revistas
Lenguaje:Español
Publicado: Universidad Distrital Francisco José de Caldas 2022
Acceso en línea:https://revistas.udistrital.edu.co/index.php/cpaz/article/view/18176
Descripción
Sumario:Law 640 of 2001 made mandatory in Colombia the attempt to conciliate as a procedural requirement for the admission of sues in some law areas. Conciliation is essentially a volun­tary process, but can the legal obligation as a requirement for a judicial process produce agreements between parties that do not want, in principle, to conciliate? To try to answer this question, we quantitatively analyzed the database of conciliation results for the period 2007-2013 stored in the Conciliation, Arbitration and Amicable Composition Information Sys­tem (SICAAC acronym in Spanish). We found that, contrary to what might be supposed, the results of those people who initially did not want to reconcile are similar to those of those who did, which leads us to hypothesize that, even in complex situations, it is justified to give an opportunity for reconciliation.