Aplicación del modelo transformativo de mediación en la conciliación extrajudicial de Colombia

Abstract

The off-court law conciliation is the alternate dispute resolution mechanism most implemented in Colombia, however, it is necessary to reformulate the way conciliators currently manage this tool in certain areas of law such as civil, commercial, and family law. To prove this, we will take some approaches drawn from mediation and we will identify those elements that can help to strengthen the off-court conciliation. The aim of this paper is to demonstrate that the implementation of transformative mediation can improve the relationship between the parties in a situation of conflict, achieving in each of them an inner transformation that will lead to a more humane and therefore, more tolerant society.