Mediation In
Aratoca, Santander

Legal Framework

Mediation in Colombia follows Law 2220 of 2022 (Estatuto de Conciliación), which establishes the comprehensive Statute of Conciliation. This law consolidates all provisions related to Alternative Dispute Resolution (MASC) mechanisms, maintaining existing aspects while creating the National Conciliation System (Sistema Nacional de Conciliación). The law incorporates Information and Communication Technologies (ICT) into the conciliation process. Article 3 defines conciliation as a conflict resolution mechanism through which two or more persons manage the solution of their differences themselves, with the help of a neutral and qualified third party called a conciliador, who in addition to proposing settlement formulas, certifies the agreement decision, which is binding and definitive for the parties. The law modifies Article 232 of Law 1801 of 2016 (National Code of Security and Citizen Coexistence) regarding exclusions from conciliation. Conciliation is mandatory for certain procedures before filing a lawsuit and optional when parties want to reach a settlement before spending time and fees in court. The law establishes Conciliation Committees as administrative instances for studying, analysing, and formulating policies on Prevention of Unlawful Damage (PPDA) and defence of entity interests.

While Colombia operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Colombian courts actively promote conciliation as a prerequisite to litigation for many types of disputes. For many types of disputes, specifically those involving quantifiable monetary claims or contractual obligations, conciliation is a mandatory preliminary step before a lawsuit can be filed in ordinary civil courts. This mandatory conciliation requirement underscores the Colombian legal system's commitment to alternative dispute resolution. If a contract has a conciliation or mediation clause, parties are obliged to comply with it before initiating court proceedings. However, cases in which the plaintiff asks for precautionary measures are exempt from mandatory preaction conciliation. Failure to reach agreement results in a certificate of non-conciliation (acta de no conciliación), which serves as proof that the mandatory conciliation step has been fulfilled, allowing the aggrieved party to proceed to court. Conciliation Committees in public entities decide on the procedural suitability of conciliation or other MASC in each specific case, with strict adherence to substantive, procedural, and control norms.

Mediator Regulations

Conciliators in Colombia must be neutral and qualified third parties. The law establishes that conciliators are operators of extrajudicial conciliation in law, including those registered in authorised conciliation centres, whether for-profit or non-profit entities, notaries, public entities, or legal clinics of higher education institutions. The National Conciliation System provides framework for accreditation and regulation of conciliators. Conciliators propose settlement formulas and certify agreement decisions, which are binding and definitive for the parties. The law incorporates ICT into the conciliation process, allowing for electronic procedures. Conciliators must comply with the principles established in the Statute of Conciliation. The Conciliation Committees in public entities determine procedural suitability of conciliation and set institutional parameters for representatives to act in conciliation hearings. The system aims to align with international guidelines on ADR.

Cultural Approach

Colombia's cultural approach to conciliation is deeply connected to the country's peace process and social reconstruction efforts. The law states that conciliation in its various modalities aims to facilitate access to justice, generate suitable conditions for dialogue and peaceful coexistence, and serve as an instrument for building peace and social fabric. This reflects Colombia's historical context of armed conflict and the importance of reconciliation mechanisms. The cultural context values dialogue, peaceful coexistence, and social fabric construction over adversarial confrontation. The establishment of the National Conciliation System demonstrates institutional commitment to these cultural values. The use of conciliation in contentious-administrative matters aims to safeguard and protect public patrimony and general interest, reflecting cultural emphasis on collective well-being. The police mediation mechanism emphasises community and proximity characteristics.

Typical Costs

Conciliation in Colombia is designed to be cost effective compared to litigation. The mandatory conciliation requirement before filing lawsuits aims to reduce court costs and promote efficient dispute resolution. Conciliation centres, including those operated by Chamber of Commerce, notaries, public entities, and university legal clinics, provide services. The cost structure varies by provider but generally represents significant savings compared to full litigation proceedings. The use of ICT in conciliation processes reduces administrative costs. The emphasis on access to justice and peaceful coexistence suggests cost considerations in the design. The certificate of non-conciliation allows parties to proceed to court only after attempting conciliation, avoiding unnecessary litigation costs when settlement is possible.