In conciliation you are the protagonist of your own agreement. Solve your differences with customers, tenants or suppliers, through a process Simple fast and confidential between the parties. It is a conflict resolution mechanism through which two or more people (natural or legal, national or foreign) manage by themselves, the settlement of their disputes, with the assistance of a neutral and qualified third party, called conciliator.

Proceeds

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1. General Regulations of the Conciliation, Arbitration, and Amicable Composition Center of the Aguachica Chamber of Commerce. (PDF)
2. Request Reconciliation (PDF)
3. Law 2220 of 2022 (PDF)

1. What do I need to do to request a settlement?

   • Fill out written request, the form can be downloaded at www.ccc.org.co
   • Cancel the value corresponding to administration expenses of the Center and conciliator's fees. The settlement of these securities can be done directly on the website or at the Centre.
2. What documents should I provide to the application for conciliation?

   • You must provide a copy of the identification document of the person or persons conveners.
   • Certificate of Existence and Legal Representation: if it is a Legal Entity certified by a Chamber of Commerce at national, we will provide the Certificate of Existence and Legal Representation, otherwise the convener must provide it.
   • In the conciliation process, being an extrajudicial mechanism, the Documents provided are not considered as evidence nor the conciliator It may assess its existence, relevance or validity. The documents They are intended to enlighten the conciliator and the parties within the conflict.
   • These can be:

     – Identification document
     
     –Registry office
     
     – Copy of contracts or agreements
     
     – Copy of enforceable titles
     
     – Copy of statutes
     
     –Communications
     
     – Other documents relevant to the procedure

3. What should the conciliation request contain?

   • Name, address, email and telephone number of people involved in the conflict and their agent if they have it.
   • A short description of the matter to be reconciled.
   • What is intended to be reconciled and an estimate of the amount, if the There's.
4. What are the possible outcomes of an audience? of conciliation?

   Once the hearing is held, it can end with agreement case in which is issued a conciliation act; no agreement, in which case herself issues proof of non-agreement or absence of any of the parties, case in which proof of non-attendance is issued.

5. What happens if a party does not show up for the hearing of conciliation?

   If one of the parties does not attend the conciliation hearing, Corresponds It is up to the attending party to decide whether or not to convene a second or third Hearing, according to its choice, in case that party definitively does not attends, the conciliator will issue a certificate within three working days of non-attendance and will be delivered to the attending party or parties.
   
   Such proof of insistence may be used by the party who Attend as evidence of exhaustion of the procedural requirement, in the case of What wall light.
   
   This record may be considered by the judge, in a possible process judicial that is initiated by the same facts, as a serious indication in against the person who did not attend the hearing, which will apply to the claims, in the event that you make a claim, or against the exceptions, in the event that you answer a demand.
   
   In case of non-attendance of the party summoned to the hearing of conciliation, 70% of the amount paid will be returned to the convening party, provided that only one call has been made, in case of two calls, 60% will be refunded.

6. What issues can be resolved through Conciliation?

   All those matters which, according to the law is freely available to the parties.

   The most common issues that can be reconciled are:

   • Fixing of food quota.
   • Child custody and visitation regulation.
   • Declaration of De Facto Marital Union.
   • Liquidation of the conjugal society.
   • Dissolution of the de facto patrimonial company between partners Permanent.
   • Loans or debts not cancelled for sales and payment of Bills.
   • Restitution of leased property.
   • Damages arising from traffic accidents.
   • Medical liability.
   • Conflicts of coexistence between neighbors.
   • Conflicts between partners.
   • Contractual breaches.
   • Unfair competition.
   • Brands.
   • Consumer rights.
7. What are the effects of a Conciliation Act?

   There are two: res judicata and executive merit. The first relates to the fact that the theme that has already been negotiated is not likely to be discussed again in other Instance and executive merit refers to the fact that the act as such It's a title and in case of non-compliance may be made effective through a Executive process.

8. Do I need a lawyer to go to conciliation?

   No, conciliation is a mechanism where the party directly Involved In the conflict it is who must perform all the necessary actions for Reach an agreement. Even the law stipulates that always to the hearing of Conciliation must appear directly the person or in case of being one legal person, its legal representative. The only two exceptions to this General rule are: that the person (natural or legal) has domicile in place different from the one that was called to conciliate or that the person was Find at the time of the hearing outside the country. In these cases then, A lawyer may be sent to represent you at a hearing.

9. Where should I file a request for conciliation?

   • Because conciliation has no jurisdiction by reason of its territory, the application may be filed anywhere in the country are Import that this is different from the domicile of the summoned.
10. Is the conciliator the one who makes the decision to resolve the conflict?

    No, the conciliator is only a neutral third party that allows a approach between the parties, proposes settlement formulas, directs the hearing and Raises the act of conciliation. However, the agreement embodied in the Minutes They are directly built by those involved in the conflict.

11. In which cases should I not exhaust the conciliation as requirement of procedurality?

    In two cases: when I state in the judicial process that I do not know the the defendant's domicile, place of habitation and place of work, or What he is absent and his whereabouts are unknown; or when what is Intended in the process is the decree and practice of precautionary measures.

12. How is exhaustion of the requirement of procedurality?

    It is proved by a certificate issued by the conciliator on impossibility agreement or on non-attendance or when the three months passed without hearing, with the filed copy of the request.

13. What are the effects of conciliation versus prescription?

    Conciliation does not interrupt the limitation period but suspends it from the submission of the application until the record of conciliation is registered, or the issuance of the respective certificate, or once the term has expired of Three (3) months to hold the settlement hearing. The prescription It operates only once and is non-extendable.

14. What are the consequences of not attending a audience of conciliation?

    If the person who does not attend does not justify it within 3 days, your conduct may be considered as serious evidence (Except in matters labor, police and family).