Human beings are quite diverse, and therefore so are our opinions, tastes, preferences, and choices. Such diversity often causes conflicts between people, as interests clash in a battle where one prevails over the other to determine who is right. For this reason, achieving a successful conciliation, or any other type of agreement, can become quite complex.
Sometimes these conflicts are solved in an agile and concrete manner by the parties involved; but unfortunately, this is not the common denominator, since a third party is constantly required to provide the solution or to try to do so.
"In this article, we refer to extrajudicial conciliation, a tool increasingly used in Colombia to resolve conflicts before resorting to judges."
Fortunately, alternative methods exist to resolve conflicts in a friendly and peaceful manner. One of them is conciliation, a tool in which we have the presence of a third party unrelated to the conflict, who provides settlement formulas without imposing them. In this regard, the success of a conciliation largely depends on the conciliator’s performance during the hearing; however, it is also the responsibility of the parties, as both are called upon to make mutual concessions and reach an arrangement that benefits them both.
In order to increase the success rate of this methodology, and as specialized attorneys, we have identified the 5 tips for achieving a successful conciliation:
- It is very important to understand that in conciliation, both parties must yield in their interests in order to find a fair middle ground; you must be open to negotiation.
- Clearly identify what you wish to obtain from the conciliation agreement; perhaps the other party seeks something completely different but attainable, and the solution to the conflict may be easy to reach.
- Do not allow feelings such as pride, arrogance, anger, your ego, and sadness to govern your common sense and decision-making capacity.
- Set your negotiation limits, that is, what is the maximum you can expect, which is generally the proposal with which you begin, and what is the minimum you are willing to accept.
- Seek legal advice of high ethical and professional standards and identify which rights can be conciliated and which cannot, as well as the possible negotiation strategies that a legal professional can propose to you.
What to Do If Conciliation Is Not Achieved?
Other ways exist to resolve the conflict; one of them is to present it before the ordinary jurisdiction (the judges of the republic), where, as is well known, it will be unavoidable to endure long periods and the costs of having adequate legal representation.
But this last method of conflict resolution is not the only one and, in my opinion, it is not the most appropriate either, as it allows another person unrelated to the conflict to resolve it, which can sometimes result in not reaching the real truth and justice, making it necessary to settle for what is called procedural truth. That is, what could be proven in the process and what, based on the judge’s decision, will be considered truth; unfortunately, it often happens that the parties who are actually right do not have the necessary evidentiary support, which is why the decisions made by the judge end up being unjust.
However, it is sometimes absolutely necessary to resort to this instance, especially when all other mechanisms have been attempted and satisfactory results have not been obtained.
In conclusion, we recommend that you initially resort to the conciliation mechanism and with the help of an attorney who will advise you in conflict resolution, in order to avoid loss of time and additional costs.
