La conciliation en Colombie
Conciliation, an alternative dispute resolution mechanism, allows the maintenance of a business relation and the revival of communication as well as an equilibrium of power between two opposing parties. It's true spirit consists in allowing the citizen to recover his principal role in the resolution of his conflicts and enables him to do so without the intervention of the State. Unlike other judicial systems, the Columbian judicial system gives the conciliator a decisional power and/or consultative in a particular case. Also, the terms mediation and conciliation are sometimes used like synonyms. However, those terms are differentiated by the participation of a third party conciliator or mediator in the process of conflict resolution. In addition, even though those concepts are universal thanks to the judicial texts, those mechanisms remain unknown to most citizens.  The practice of conciliation has no boundaries; it is widespread all over the world. In the 1990's, Latin countries, more specifically Columbia, started to investigate the possibility of taking part in this enriching experience thanks to legislative and institutional progress in the field of alternative dispute resolution mechanisms.  In the field of conciliation, in Columbia, there is a vast normative richness but the laws, dispersed and difficult to interpret, generate insecurity and judicial uncertainty. Also, the conciliation process can be initiated by many ways, the most controversial being without a doubt the obligatory conciliation beforehand. This imposed method has been the target of many critics. In fact, those critics concerns the obligatory nature of the conciliation which impedes on the voluntary aspect, a fundamental pillar in the conciliation process. Also, the third party conciliator, possessing a highly trained background, represents a pivotal role in the conciliation process: a high level of responsibility weighs upon his shoulders as he oversees this alternate conflict resolution method.
Alternative dispute resolution Conciliation Conciliation Mediation Colombia Ministry of the Justice and of the law Bogota Chamber of Commerce