Mecanismos de resolución de conflictos Mediación y Conciliación, en la ley 1801 del 2016.

Summary

In Colombia, inspectors and magistrates have the authority to resolve conflicts affecting citizens' coexistence. The Law 1801 of 2016 outlines two key conflict resolution methods: mediation and conciliation. Mediation involves a mediator guiding parties toward an equitable solution, with a mediation act signed if an agreement is reached. Conciliation, overseen by a police authority or conciliator, results in an agreement that holds judicial weight. These methods are executed by various authorities, including police, judges, and private institutions, and aim to resolve disputes while upholding public norms. Justice is accessible to all through these processes.

Takeaways

• 😀 Mediation and conciliation are two key conflict resolution mechanisms in Colombia based on Law 1801 of 2016.
• 😀 Mediation involves a neutral mediator helping parties reach a fair agreement, and a mediation act is signed if a resolution is reached.
• 😀 Conciliation is where an authority, such as a police officer or conciliator, proposes solutions to the conflict. If an agreement is made, a conciliation act is signed.
• 😀 A signed conciliation act holds legal force and can be enforced in courts as a judicial ruling.
• 😀 The primary goal of both mediation and conciliation is to ensure peaceful coexistence and resolve conflicts without needing to go to court.
• 😀 Authorities responsible for implementing these processes include police, conciliators, peace judges, and other community-based institutions.
• 😀 Mediation and conciliation are applicable in urban and rural settings, through public and private sector centers.
• 😀 Conflict resolution through these methods is free in many private sector centers and public institutions like universities and chambers of commerce.
• 😀 Not all conflicts can be resolved through mediation or conciliation; conflicts that violate urban, environmental, or public space laws are excluded.
• 😀 Mediation helps guide parties to find their own solutions, while conciliation involves an authority proposing specific resolutions.
• 😀 The Ministry of Justice emphasizes that access to justice through these alternative methods is available to all citizens.

Q & A

What are the two conflict resolution mechanisms mentioned in the script?

The two mechanisms are mediation and conciliation.

What is the role of a mediator in the conflict resolution process?

The mediator listens to the conflicting parties and helps them find an equitable solution. If an agreement is reached, an act of mediation is signed.

What happens once an agreement is reached in a mediation process?

An act of mediation is signed to formalize the agreement.

How does conciliation differ from mediation?

In conciliation, the authority or conciliator proposes solutions to the conflict. If an agreement is made, an act of conciliation is signed, which has legal validity and can be enforced.

What is the legal status of the act of conciliation?

The act of conciliation is considered legally binding, holds judicial validity, and can be enforced by authorities.

Who are the authorities responsible for executing mediation and conciliation?

The authorities include police officers, conciliators, mediators, peace judges, and centers from universities, chambers of commerce, and private sector organizations.

Are there any behaviors that cannot be addressed through mediation or conciliation?

Yes, behaviors that violate urban planning, environmental, or public space regulations cannot be addressed through these methods.

Can private sector organizations offer conflict resolution services?

Yes, private sector organizations, including those offering free services, can provide mediation and conciliation through specialized centers.

What legal framework governs conflict resolution in Colombia?

Conflict resolution in Colombia is governed by Law 1801 of 2016.

What is the role of the Ministry of Justice and Law in this context?

The Ministry of Justice and Law ensures that conflict resolution mechanisms are available and accessible to all citizens, promoting justice in the country.