Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
The new law LEY 2220 DE 2022 states that in Colombia, the mediation process is mandatory for certain procedures before filing a lawsuit and it is optional when parties want to reach a settlement before spending time and fees in Court.
In my 18 years of experience as lawyer in Colombia, I have seen cases in which US citizens after weeks of discussion with their counterparty, mostly family cases and the intention of going to a long process in court, they have heard my advice to proceed with mediation and try to avoid litigation.
The rate of reaching an agreement has been 8 of 10, which is very high compared to a long-time court battle situation.
Now, Conciliation or mediation in Colombia as a procedural requirement in civil matters. Makes mandatory extrajudicial conciliation in law as a step before resorting to the civil jurisdictional specialty court in cases as declaratory proceedings (in example breach of contract), except for divisional proceedings (in example co-owners are having dispute over the management of property), expropriation proceedings, order for payment proceedings brought in any jurisdiction and those in which the summons of undetermined parties is demanded or compulsory. However, being non mandatory the mediation in Colombia, doesn’t make it forbidden. I keep saying to clients that it is a way to avoid a court litigation process for a long-time waiting period.
Conciliation as a procedural requirement in family matters. Extrajudicial conciliation in family law shall be a requirement for the following matters:
- Disputes on custody and visiting arrangements regarding minors and persons in condition of disability in accordance with Law 1996 of 2019, whichever modifies or repeals it.
- Matters relating to maintenance obligations (alimony and child support in Colombia)
- Declaration of the de facto marital union or common law marriage in Colombia, its dissolution, and the liquidation of the patrimonial partnership.
- Rescission of the adjudication in successions and in the liquidation of the conjugal partnership or the liquidation of the patrimonial partnership between life partners.
- Disputes over marriage contracts (prenuptials agreements)
- Disputes between spouses over the joint management of the household and between parents over the exercise of parental authority or parental authority.
- Separation of property and separation of spouses.
- In all those not expressly exempted by law.
The mediation in Colombia works also in cases of difficult divorces when couple can’t reach an agreement.
If you are having a situation when you want to avoid an expensive litigation process, please contact us for further advice.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
