La inefectividad de la conciliación prejudicial como requisito de procedibilidad en la jurisdicción contenciosa administrativa

Abstract

It is problematic for contemporary society the proliferation and accumulation of demands in judicial spaces has become a problem, a factor that besides disturbing the legal peace of the environment hinders the achievement of a prompt and fulfilled justice. The Colombian State offers the possibility of resorting to the pretrial conciliatory process to define its rights and claims, since the Litis is and always will be, a situation that destabilizes the social nucleus. Alternative mechanisms of conflict resolution tend to avoid the continuation of the judicial process and are constituted in the legal figures that favor friendly settlements, which represent for the community the conservation and maintenance of the legal order and social peace. The Colombian administrative procedural law erects as one of its distinctive features the institution of pre-judicial conciliation, classified as one of the most effective methods of peaceful settlement of disputes, because it counts for its celebration with the presence of a third party, representative of the will State, which will monitor, guide and promote the act and protect the rights and minimum guarantees enshrined in the law. Prejudicial conciliation seeks to obtain a fair and equitable agreement that offers the quickest, most expeditious and economic way to unleash controversies that arise between the two extremes and is seen by the community as the ideal procedure in the event of a claim.