Abstract
In this article, the authors compare alternative conflict resolution mechanisms in Colombia and Russia. In the former, conciliation is the most developed alternative dispute resolution mechanism, while in the latter, mediation is the most developed. In order to deepen this comparison, a qualitative research of interpretative nature has been developed with the support of bibliographic-documentary material. The main conclusion is that access to justice is a human right that has been positivized as a fundamental right in the constitutions of both Colombia and Russia. However, the Colombian Constitution allows individuals to exercise their jurisdictional functions on a temporary basis, unlike the Russian Constitution, which only authorizes judges from the Federation to exercise their jurisdictional functions. While conciliation in Colombia is developed and implemented through State-supervised Conciliation and Arbitration Centers, mediation in Russia is in its initial phase and has gradually gained acceptance in society. In both states, the implementation of alternative dispute resolution mechanisms has been driven by the need to decongest the courts and tribunals of ordinary justice. Therefore, it is useful to insist on the massive use of these instruments to make possible a justice that comes from the parties in conflict, that can repair the relations of the subjects in dispute and that tends towards the construction of more peaceful societies.
Highlights
The very nature of the conflict implies its inevitability
Conciliation in Colombia first appeared in labor law, in Decree 2158 of 1948, which was taken as a permanent rule by Decree 4133 of 1948, the Code of Labor Procedure, which in its article 19 allowed conciliation at any time, before or after the lawsuit was filed
It is important to stress the importance of the role of conciliation as a mechanism for peaceful and self-compulsory solutions, since the mere fact that the procedural requirement does not have to be met for a case does not mean that conciliation cannot be triggered
Summary
The very nature of the conflict implies its inevitability. Conflict is unavoidable and it will always be present in the lives of human beings in multiple dimensions - institutional, social, political, cultural or economic - and at different levels – interpersonal, communitarian and international, considering the impact of globalization in today’s societies (Brandt, 2017). In this regard, the Political Constitution of Colombia protected access to justice as a right of individuals within the jurisdictional function of the State in its articles 228 and 229. This function is not exclusive to the judges of the Republic, as the Constitutional Court mentioned in Judgment C-1195 of 2001, when it stated: According to the jurisprudence of this Corporation, the right to access to justice has a multiple meaning It includes, inter alia, the availability of adequate and effective procedures for the legal determination of rights and obligations, the resolution of disputes within a reasonable time frame and without undue delay, the adoption of decisions with full respect for due process, the existence of a comprehensive and adequate set of mechanisms for the settlement of disputes, the provision of mechanisms to facilitate access to justice by the poor, and the provision of justice to enable access to justice throughout the national territory.
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