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Browsing by Author "Serrato Montoya, Yuly Andrea"

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    Eficiencia de la conciliación como método alternativo de resolución de conflictos en los procesos comerciales colombianos
    (Universidad Santiago de Cali, 2024) Serrato Montoya, Yuly Andrea; Gaviria Jinneth (Director)
    Conciliation in commercial processes in Colombia offers a faster and more costeffective alternative to traditional litigation, with the potential to improve business relationships through a cooperative and dialogic environment. However, it faces several challenges for its effective implementation. These include the lack of knowledge and proper training among businesspeople and legal professionals, the power imbalance between parties, the lack of enforceability of agreements, and the perception of the process as being less serious. To overcome these obstacles, it is recommended to increase training and awareness about conciliation, ensure power equality, establish effective enforcement mechanisms, and strengthen institutional support and infrastructure. Additionally, it is crucial to address cultural and political barriers by promoting a culture of peaceful conflict resolution and developing supportive public policies. With these efforts, conciliation can become a fundamental tool for justice and commercial development in Colombia, contributing to the decongestion of the judicial system and providing more satisfactory and lasting solutions for the parties involved. Collaboration between the government, educational institutions, and society is essential to foster a culture that values and effectively utilizes conciliation.

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