The etymology indicates that conciliation It is a term derived from Latin conciliatory. The concept refers to act and consequence of reconciling : agree, make compatible, agree. This is the action of getting two or more opposing parties to reach an agreement to get along, in peace.
A conciliation, therefore, is to reach a agreement about something. The notion is linked to leaving differences aside for terminate a conflict or dispute . For example: "The head of the block of official senators pledged to seek conciliation with opposition leaders", “The government ordered the conciliation between the company and the workers”, “The governor announced that he will promote an act of conciliation to bring both peoples closer”.
In the field of right , is called reconciliation to agreement that litigants reach, with the intervention of a third party, to conclude a lawsuit in progress or to prevent its initiation. Conciliation, in this framework, is a tool for conflict resolution.
With a judicial conciliation litigation can be concluded without the need to reach a judgment ; In other words, it is a special way of closing the process. This process is directed by the judge, who proposes the conditions of the agreement and then, if accepted by the parties, validates it effectively with res judicata.
A preliminary ruling , on the other hand, allows to solve the process without the need to develop a judgment . In this case, the third party can be any individual and the agreement is equivalent to a transaction (a bilateral contract whereby the parties are allowed to extinguish doubtful or litigious obligations, making concessions to each other), something that makes it a very flexible mechanism .
In Peru, for example, the law It establishes that extrajudicial conciliation is an institution that allows the parties to a judicial process to go to a specialized Center to help them resolve their conflicts in a consensual manner. This alternative mechanism is not only faster than a trial, but it is also cheaper.
It must be celebrated with the participation of a conciliator, who mediates between the parties to ensure that they communicate clearly and concisely, complying with all legal requirements to overcome their differences and achieve an agreement that satisfies them.
It is important to keep in mind that, in some laws, trying to achieve conciliation can be a mandatory step within the framework of a legal process or before the presentation of a demand .
Is called Conciliation act to a document that records the Will of the parties to a particular litigation, including the last declaration of a conciliation. The conciliation act has legal value, so that if the parties involved in the process do not meet the points established therein, they will be immediately executed on a mandatory basis.
One of the most outstanding features of the conciliation act is that it can be executed in less time than other processes, such as lawsuits or legal trials. Regarding its content, you must indicate the date and place of celebration, official information about each of the parties, such as your name, last name and number of the conciliating document, in addition to a description of the events described in the request made previously, the firm and the fingerprint of the parties and the conciliator, and the agreement itself.
It is very important to keep the minutes of conciliation in good physical condition, without studs, erasures or amendments, since its validity depends on it.