La consolidación de los mecanismos alternativos de solución de conflictos en el actual sistema jurídico estadounidense y colombiano

Abstract

Some of the advantages that we can determine through the investigative development of this article are: firstly, that Alternative Means of Conflict Resolution does not replace legal processes but is a complement, that allows the sensitization of the human being, the Arbitration, private trial, Summary Jury Trial, and other similar methods that should definitely be recommended. In this case, the arbitrators will be subject to arbitration. Through the Alternative Mechanisms it has been possible to solve millions of cases in several areas such as the commercial area, education, environment among others, also relevant methods such as private trial, in which the same parts are put Agree from the outset so that in case of discussion or conflict resort to this method; Another relevant mechanism is the Summary Jury Trial which is presented to a jury with all reasonable evidence possible, and at the same time this jury enters to determine a conclusion that is of great importance to enter into the final agreement. There are two important systems of dispute resolution mechanisms, the first is self-determination, which the parties themselves resolve their disagreements either in an assisted manner or of their own volition; The second system is that of the Heterocomposition where a third is the one that handles the process, analyzes it exhaustively and finally resolves the conflict. It is important to take into account the methods of conciliation, arbitration and amicable composition that contains both the Colombian legal system and the United States, are handled with a high level of confidentiality, thus avoid exposing subjects of great discretion to public prosecutions and obtain a Resolution to all those legal conflicts that may arise between individuals, private or even state entities.