Una mirada a los Mecanismos Alternos de Solución de conflictos implementados en Colombia como garantes de la igualdad y el Acceso de justicia para todos en el periodo 2020 - 2021

Abstract

The interest of this research revolves around the relationship with objective 16 of the proposed Sustainable Development Goals, which, as is known, focuses on the promotion of peaceful and inclusive societies for sustainable development, the provision of access to justice for all and the construction of responsible and effective institutions at all levels. Theme developed from the subject: "Deepening in conflict theory" understanding that as main problem axes in Colombia we find insecurity and corruption, recognized as the causes in turn, of the impossibility of building a real and lasting peace. The "MASC" are currently a way of administering justice in Colombia and their jurisdictional character is recognized, concurring with the Judicial Branch. The administration of justice is no longer an exclusive procedure of the state to recognize the possibility that citizens voluntarily resolve their conflicts. These mechanisms are some of the instruments used to contribute to judicial decongestion seeking to overcome the impasse. "Law 446 of 1998 On the decongestion of justice and judicial offices" was born in order to regulate alternative conflict resolution mechanisms. Among other aspects, I regulate the use of conciliation in matters of transaction, withdrawal, and those determined by law. The alternative dispute resolution mechanisms are an alternative to formal justice, which seek to resolve disputes that may arise between the parties in an appropriate manner. Anyone can make use of them and has different alternatives according to their preferences or needs. The alternative mechanisms offer a different proposal to a confrontation, on the contrary, it seeks that the parties find a middle point in which there is no figure of a winner and a loser, but centers of dialogue on their own or with the help of a third.