LA VIRTUALIZACIÓN DE LA CONCILIACIÓN “Implementación de las Tecnologías de la Información en la Resolución de Conflictos”

Abstract

In Colombia, conciliation as a conflict resolution mechanism has been present since the middle of the 20th century, both in the jurisprudence of the Supreme Labor Court, as well as in Colombian Canon Law, to become firm with the enactment of Law 23 of 1991 "By which mechanisms are created to decongest the Judicial Offices, and other provisions are enacted". 991 "Whereby mechanisms are created to decongest the Judicial Offices, and other provisions are enacted"; in this sense conciliation has been evolving hand in hand with the challenges presented by the new dynamics of society; to understand how this evolutionary process has been, it is necessary to study it from its bases, that is, from its historical background and how it has been readapting to the different social, cultural and legal moments of our country; But perhaps the heart of this article is to understand how this mechanism became a legal tool that allowed access to justice through information technologies, with the use of digital platforms regardless of the geographical location where the parties in conflict are located. Alternative justice, now in virtual modality, is a regulated, robust procedure with solid legal-procedural bases that has been producing significant transformations that impact Colombian society and the organization of the State; now, we intend to analyze the prospective and challenges of this model of access to justice that has been implemented in the country for a relatively short time and that continues to evolve and transform, within the framework of the Conciliation Statute contained in Law 2220 of 2022, which in chapter two (2do) article four (4to) deals with conciliation in virtual mode and develops it in the same body of law; In this sense and in order to perform a holistic analysis, it is necessary to study the taxable sections of several norms that help and develop in depth the virtual modality in Colombia, such as: Law 527 of 1.999, Law 1564 of 2.012 and Law 2213 of 2.022; to finally address some conclusions that allow to decant an impartial position in front of the virtualization of the conciliation in the framework of the implementation of the information technologies in the mechanisms of conflict resolution in Colombia.