What is a conciliation in Colombia?

What is Conciliation in Colombia? A Step-by-Step Guide

Life isn't always smooth; conflicts can arise between people, and resolving them, while sometimes simple, requires dialogue and mediation. In Colombia, conciliation is a mechanism designed to resolve these conflicts. Below, we'll explain what it is and how to access it.

What is Conciliation?

Conciliation is an alternative dispute resolution mechanism that allows two or more individuals or legal entities to resolve their problems through dialogue, aided and mediated by a neutral third party—a conciliator—who guides the session and proposes solutions that benefit both parties. Conciliation aims to resolve the conflict without resorting to more expensive, slower, or less effective long-term solutions. If you want to know more about this mechanism, we invite you to read our article on Conciliation and ADR in Colombia.

If a resolution is reached, it's recorded in an official document outlining the tasks to be performed, signed by all parties and the conciliator. Non-compliance with the tasks outlined in the document can result in penalties for the offending party.

Benefits of Conciliation:

• Prevents escalation of the conflict.
• Increases the effectiveness of justice.
• Allows for peaceful resolution of problems.
• Facilitates citizen access to justice.
• Reduces the workload of legal offices.
• Is a cost-effective and time-saving mechanism.

Who can be a Conciliator?

A conciliator must be a person with knowledge of the law, neutral, and uninvolved in the conflict. Their objective is to be as objective as possible during the conciliation process and to offer the best solution that benefits both parties.

A conciliator cannot act on the same issue with the same clients again, ensuring impartiality. Information from the conciliation process is strictly confidential.

How to Request Conciliation?

First, any natural or legal person can request conciliation when a problem directly or indirectly affects them. The person must go to a conciliation center and explain their case to make a request. The request must include:

• Date, city, and conciliation operator to whom the request is made.
• Identification of the applicant and the respondent.
• Reasons for requesting conciliation.
• Relevant evidence or documents related to the conflict.
• Proposed date, time, and location for the conciliation.
• Signatures of the applicants.

Once this request is made, a copy must be given to the other party involved, who must accept it and attend the meeting. Attendance is mandatory; if unable to attend on the scheduled date, prior notice must be given to reschedule.

Where can this process take place?

At Conciliation Centers. There are a total of 388 in Colombia, located in 28 departments and 85 cities. These centers are often found in university legal clinics. There are also private conciliation centers, which may charge for their services.

In some matters, such as contentious administrative cases (i.e., when one of the parties belongs to this jurisdiction) or certain labor disputes, conciliation is a procedural requirement. Procedural requirements are enabling factors to bring a lawsuit before the corresponding jurisdiction. If you are interested in conciliation in labor matters, you can read our article on Labor Conciliation in Colombia.

Outcomes of a Conciliation Hearing

• Full Agreement: Both parties fully accept each other's claims.
• Partial Agreement: The parties agree on some claims but not others; the conciliator specifies this in the minutes.
• Inability to Reach an Agreement: The parties do not agree on any of the claims.
• Non-attendance: If one party fails to attend, they have three days to provide an excuse to the conciliator; otherwise, their unjustified absence is recorded in the minutes.

What cannot be conciliated?

According to the Colombian Ministry of Justice and Law, the following matters are not suitable for conciliation:

• Family matters: Parental authority, adoption, divorce, cessation of civil effects, and annulment of marriage. If you need advice on these matters, we have Family Law Attorneys in Colombia. You can read more about Divorce and Conciliation, Divorce in Colombia, Contentious Divorce in Colombia, or Expert Express Divorce Lawyers in Colombia.
• Criminal matters: Non-prosecutable crimes with imprisonment, domestic violence, and non-payment of alimony. For criminal matters, consult our Expert Criminal Defense Lawyers in Colombia. We also have an article on Conciliation in Criminal Matters in Colombia.
• Traffic accidents: Injuries with incapacity exceeding 60 days and death in traffic accidents.
• Civil matters: Changes in a person's civil status. If you need a civil lawyer, you can find Civil Lawyers in Colombia.
• Commercial matters: Insolvency of a non-merchant natural person, business insolvency, coercive and punitive collections against merchants or companies. If your company needs advice, learn about our Legal Advisory Plans for Companies in Colombia or Corporate Lawyers in Colombia. You can also read about Economic Corporate Insolvency in Colombia.
• Leases: Leases of public property. For real estate matters, find a Real Estate Lawyer Services in Colombia.
• Agrarian matters: Family agricultural unit and land use.
• Environmental matters: Pollution, deforestation, and forest fires, environmental crimes.
• Police matters: Fines and penalties.
• Administrative matters: Disputes between individuals and public entities.

As you can see, there are peaceful mechanisms available to Colombians to resolve conflicts and improve citizen coexistence. If you have problems and wish to initiate conciliation, Servicio Legal is here to help. We will support you throughout the process, advising you on each step and obtaining the necessary documents. If you wish to use our services, you can contact us through our website by clicking here. We have Immigration Lawyers Colombia, Corporate Lawyers in Colombia and Legal Advisory Plans for Companies in Colombia to provide the support you need, among other Lawyers in Colombia.