Conciliación extrajudicial en equidad como requisito de procedibilidad

Abstract

Extrajudicial conciliation in equity is one of the alternative dispute resolution mechanisms may be exercised by individuals temporarily with under Article 116 of the Constitution of Colombia, this mechanism does not require the conciliator in equity for meeting the requirements of Article 5 of Law 640 of 2001, which among other things calls for conciliatory in law "must be a qualified attorney." The court settlement to further meet the procedural requirement Article 35 of Law 640 as amended by Article 52 of Law 1395 of 2010 allows verbatim by court settlement in equity the procedural requirement is met, giving the same vein that the extrajudicial conciliation in law. The practice of extrajudicial conciliation in equity is performed by people without adequate training or qualifications in law, which is contrary to the requirements under Article 5 of Law 640 of 2001. Considering that in the same law are items that can be used independently to accept or reject the requirement of procedural by conciliation in equity figure, this is not limiting for this mechanism is being used widely for compliance with the procedural requirement, a factor that makes it attractive "be free and easily accessible." The mechanism of conciliation in equity fulfills the purpose of Judicial congestion in minor conflicts, but this mechanism is not ideal to meet the procedural requirement, this exercise should be done by trained people through extrajudicial conciliation in law, such so that the institution of conciliation fulfill its objective.