Derecho - Palmira
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Browsing Derecho - Palmira by Subject "Conciliación"
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Item Impacto de la Conciliación Preprocesal en Materia Penal en Colombia, para los delitos querellables.(Universidad Santiago de Cali, 2024) Rojas Loaiza , Jonier Stee; Escobar Ospina, Carlos Andrés Escobar Ospina (Director)Item La eficacia del arbitraje en Colombia y sus lecciones al sistema judicial colombiano(Universidad santiago de cali, 2024) Hurtado Núñez Aris Fernando; Escobar, Carlos AndrésThe arbitration mechanism is an alternative to the resolution of conflicts, due to the fact that the contracting parties previously agreed on an exclusive competence, now, with the enactment of Law 1563 of 2012, new developments were evidenced among which are the speed of the resolution of disputes and the selection of arbitrators, which is a big difference compared to the system of service delivery of justice due to the high delays in the resolution of processes, Hence, this essay will address the virtues of the alternative dispute resolution mechanism such as arbitration, and at the same time it will delve into identifying the progress and impact that arbitration brings to the Colombian judicial system, in that sense, it will identify arbitration not only has private rank but also has its foundation mainly in the 1991 constitution, this will be done through the analysis of law reviews that deal with the arbitration mechanism in Colombia.Item Solucion De Conflictos En Materia De Alimentos Para Los Hijos En Colombia.(Universidad Santiago de Cali, 2024) Alvarez Potosi, Maryuri; Escobar Ospina,Carlos Andrés (Tutor)This essay covers the different mechanisms for resolving conflicts regarding child support in Colombia, focusing on conciliation, mediation and the intervention of the family jurisdiction. In the Civil Code, we find food regulated as an obligation, which is supported by the Colombian Political Constitution, safeguarding the right to a dignified life and comprehensive well-being. However, the differences that arise between parents regarding non-compliance with the quotas or, failing that, the agreed amount, the economic capacity of each one, only affect the children. The legal system to resolve these conflicts provides different alternative solution mechanisms such as conciliation and mediation, and when these are not effective, the family jurisdiction can be used. Law 2220 of 2022 regulates conciliation so that the parties can appear before an impartial conciliator and thus reach useful solutions and in turn be able to reduce the judicial burden. Another tool would be mediation, although it is not so formalized, it allows the parties to reach agreements in a way where they feel comfortable and supported to make sustainable decisions. Otherwise, where no type of agreement is reached that benefits the minor or, failing that, there is non-compliance with the agreement, one can go to the family courts, since they will be in charge of applying the Code of Childhood and Adolescence together with the General Code of Procedure and thus resolve the dispute judicially, ensuring compliance with the fundamental rights of the children. In addition to examining jurisprudential and normative aspects, this essay estimates the accessibility and effectiveness of the resolution mechanisms in the Colombian margin, stating that the opportunity provided by these alternative mechanisms is fundamental to safeguard the rights of the children.