A dispute resolution lawyer to negotiate, mediate, arbitrate, or litigate with a clear strategy.

Conciliation is an alternative dispute resolution mechanism in which the parties, with the help of a neutral third party called a conciliator, seek to reach an agreement that fully or partially ends their differences. It is governed by Law 640 of 2001 and, for conciliation in administrative litigation matters, by Law 1285 of 2009 and Decree 1716 of 2009.Conciliation is a prerequisite for filing suit in many areas: civil, commercial, family, labor (with exceptions) and administrative litigation. This means that, without having first exhausted conciliation, the judge may reject the complaint. There are exceptions (enforcement proceedings, matters of public order, conciliation rendered unviable by its overlap with a constitutional injunction (tutela), among others). The conciliation record carries the same res judicata effect and enforceability as a judgment.

Arbitration, governed by Law 1563 of 2012 (the Arbitration Statute), is a third-party adjudication mechanism in which the parties submit their dispute to the binding decision of one or more arbitrators. It is mainly advisable when: (i) the parties seek speed and predictability (arbitration proceedings usually last between six and eighteen months, versus ordinary proceedings that can take three to five years); (ii) the dispute calls for technical expertise that a generalist judge does not have; (iii) there is a relevant confidentiality component (commercial contracts, trade secrets); (iv) the contract has international elements.Its disadvantages are a cost significantly higher than court proceedings and the limited avenues for challenging the decision (the award). Arbitration requires a prior arbitration clause in the contract or a subsequent agreement between the parties. Not every matter is arbitrable: non-waivable public-order matters are excluded, such as certain highly personal family matters and individual labor matters.

The cost of arbitration in Colombia depends on three components: (i) the fees of the arbitral tribunal, calculated according to the amount in dispute under the tables of the relevant Arbitration and Conciliation Center (mainly the chambers of commerce); (ii) the Center's administrative expenses; and (iii) the fees of the attorneys and experts.At the Bogotá Chamber of Commerce, for example, the tribunal's fees and administrative expenses are set by the amount of the claims, with tiered rates that increase with the sum involved. For mid-value disputes (between 500 and 2,000 monthly minimum wages, SMMLV), total costs can range between COP 30 and 80 million, not counting attorneys' fees. In international arbitration, costs are usually significantly higher. Before opting for arbitration, it is advisable to draw up a budget projection against the value of the matter.

Mediation is a dispute resolution mechanism in which a neutral third party (the mediator) facilitates communication between the parties so that they themselves build the solution. It is voluntary, flexible and produces no imposed decisions.The main difference from conciliation lies in the third party's role and the legal effects of the agreement: the conciliator may propose settlement formulas, and the conciliation record carries res judicata effect and enforceability under Law 640 of 2001. The mediator, by contrast, does not propose solutions and limits their role to facilitating negotiation; the resulting agreement is contractual and must be formalized through other instruments (a settlement contract, a subsequent conciliation record) if it is to be given enforceable force. In commercial and family disputes, mediation has been gaining ground because it better preserves the relationships between the parties.

The arbitral award is the decision that ends the arbitration and, under Law 1563 of 2012, is not subject to an appeal in the strict sense. However, the law provides for the annulment action, filed before the relevant Superior Court of the Judicial District (or before the Civil Chamber of the Supreme Court, in international arbitration).The grounds for annulment are exhaustively listed in article 41 of Law 1563, among them: the non-existence, invalidity or ineffectiveness of the arbitration agreement; improper constitution of the tribunal; failure to take decisive evidence; the award having ruled on matters that are not arbitrable or that were not submitted to arbitration; and serious violations of due process. Annulment does not allow review of the merits of the award, only the verification of formal or validity errors. The deadline to file it is thirty days from notice of the award or of the decision on its supplementation, correction or clarification.

The actual duration of an ordinary civil proceeding in Colombia depends on the court, the complexity of the matter, the parties' procedural conduct and the existence of incidental motions. Under the General Procedural Code (Law 1564 of 2012), in force since 2014, a first-instance civil proceeding should be resolved in roughly twelve months, and the second instance in six more, according to article 121.In practice, timelines are usually longer due to judicial backlog. Simple cases may close in one or two years, while complex matters can stretch to three or four years in the first instance alone. The Code introduced tools to speed up proceedings (concentrated hearings, rulings from the bench, oral procedure), but reality varies by city and district. Before filing suit, it is advisable to project realistic timelines and weigh alternatives such as conciliation or settlement.

The constitutional injunction (acción de tutela) is a constitutional mechanism set out in article 86 of the Political Constitution and regulated by Decree 2591 of 1991. It allows any person to ask the courts for the immediate protection of their fundamental rights when these are violated or threatened by the action or omission of any public authority or, in certain cases, of private parties.It applies when: (i) a fundamental right is at stake (life, health, due process, vital minimum, equality, liberty, among others); (ii) no other suitable and effective judicial mechanism exists, or where one does exist, it is needed to avoid irreparable harm; (iii) it is filed within a reasonable period (case law requires promptness). The judge must decide within a maximum of ten days. If the injunction succeeds, the judge orders the measures needed to restore the right. The tutela has been fundamental in Colombia for guaranteeing access to health care, pensions, reinforced job security and due process, among many other rights.

The conciliation record, under article 66 of Law 446 of 1998 and article 1 of Law 640 of 2001, carries res judicata effect and constitutes an enforceable instrument. This means that the obligations contained in the record can be collected directly through enforcement proceedings, without the need for a new declaratory proceeding to recognize the right.The enforcement proceeding is initiated before the competent judge (municipal or circuit civil judge depending on the amount, or family judge if the matter is family-related) by submitting the record together with the enforcement complaint. The judge issues a payment order and, if the debtor does not comply voluntarily, the attachment and sequestration of assets may be decreed to satisfy the obligation. A well-structured enforcement proceeding takes between six months and two years, depending on the court and the debtor's procedural conduct. For this reason, drafting the agreement carefully during conciliation is critical: ambiguous clauses make later enforcement harder.

A dispute-resolution lawyer designs the strategy and represents the client in any mechanism —judicial or alternative— to resolve a conflict. At Cafore Abogados

They are three Alternative Dispute Resolution Mechanisms (MASC) regulated in Colombia. Conciliation, set forth in Law 640 of 2001, is an extrajudicial procedure and a prerequisite.

Arbitration is usually preferable when the contract includes an arbitration clause, when confidentiality is sought, when the matter is highly technical and specialized arbitrators are wanted,

We handle contractual and commercial disputes in a broad sense: breach of supply, distribution, agency, service or construction contracts; disputes over insurance policies and claims; conflicts between partners and corporate disputes; unfair competition claims; property and in rem rights disputes; disputes in M&A transactions. We provide effective legal strategies to resolve conflicts related to contracts and business. Every case begins with a diagnosis of the claim, the available evidence and the best procedural route. Our team stands out for its relentless pursuit of favorable outcomes and the strategic defense of our clients' interests and rights.

Cafore Abogados is a boutique firm with a 5-star Google rating from our clients' reviews. Our team of four lawyers, led by Dr. Fabio Castro Forero and made up of Valeria Canosa, Pablo Saavedra, and Catalina Estrada, holds a Professional Card issued by the Consejo Superior de la Judicatura — DEAJ. We work collaboratively with the client, providing clear guidance and solid representation throughout the entire process. We are based at the Edificio Excélsior, Cra. 7 # 12B - 65, Of. 401, in Bogotá, with nationwide coverage. The closeness of a boutique firm and the methodology of a large firm are the combination that sets our dispute-resolution practice apart.