The judicial conciliation hearing is an essential legal mechanism that allows the parties in conflict to talk and propose solutions to close the dispute without going to trial. It is often convened over matters such as debts, breach of contract or employment claims.
It is essential to approach this process seriously, since any signed agreement will have legal effects full, becoming directly enforceable and acquiring the force of res judicata (article 64 of Ley 2220 de 2022 [Colombia's Conciliation Statute]). It is therefore crucial to prepare, so as not to accept commitments that may prove harmful.
What should I take into account to attend a judicial conciliation hearing?
Perhaps you were summoned because someone claims that you owe them money, reports a breach of contract, seeks damages to property or demands employment benefits.
Unlike what happens in civil or family matters, in employment matters conciliation is not a prerequisite for filing suit: the Estatuto de Conciliación in force says so expressly in parágrafo 1 of its article 67. This means that if you have an employment dispute, you are not required to exhaust a prior conciliation before filing suit, and you are not exposed to the consequences that do apply where conciliation is mandatory in other matters (such as the serious adverse inference against you and the fine for unjustified failure to appear). This differentiated treatment had already been established by the Corte Constitucional in Sentencia C-893 de 2001, which held that imposing mandatory conciliation in employment matters obstructed workers' freedom to access the administration of justice. Ley 2220/2022 — employment conciliation is not a prerequisite.
Conciliation also appears in family settings: for example, when spouses wish to agree on the dissolution and draft a mutual-agreement divorce process before a notary, the prior terms are usually agreed in a conciliation.
The Corte Constitucional upheld pre-trial conciliation as a prerequisite for going to the family courts, but subject to one condition: where there is domestic violence, the victim is not required to attend the conciliation hearing and may go directly to the judge, informing the judge of that situation. The reason is that, in a context of domestic violence, forcing an encounter between victim and aggressor may be counterproductive and expose the victim once again. It is an exception imposed by the Court itself on the mandatory nature of the conciliation procedure in family matters, not a mere discretionary option of the party. C-1195/2001 — exception for domestic violence.
In those settings, the judicial conciliation hearing is your formal opportunity to talk, propose solutions and close the conflict without going to trial. Do not take it lightly: the signed agreement will have full legal effect, will be directly enforceable and will acquire the force of res judicata — it cannot be reopened to litigate the same matter again (article 64 of Ley 2220 de 2022). That is why every detail should be handled carefully from the outset, so as not to accept commitments that harm you or lose rights of high value.
The conciliation hearing is not a mere procedure: it is a legal mechanism in which you, the other party, and an impartial conciliator dialogue to resolve the dispute. Although
In family matters, conciliation is a frequent step — for example, in child support claim, where the Conciliation Center or ICBF seeks an agreement between the parents before enabling the judicial route. Knowing the particularities of the substantive matter is key.
Before the hearing: documents and strategy
Review the summons in detail and check the date, time, format (in person or virtual) and the reason for the dispute. If you were summoned, you must attend, since extrajudicial conciliation is mandatory as a prerequisite to suit (requisito de procedibilidad) in certain cases, and all the parties involved are legally notified to attend.
Never ignore the summons without justification. Even if you have no intention of conciliating (that is, you do not plan to concede or agree to anything), that does not exempt you from appearing at the conciliation hearing once you have been summoned. In Colombia, the law requires the parties to attend, but does not oblige them to reach an agreement.
If you received a formal summons and, for a justified cause such as a fortuitous event, force majeure or having your domicile outside the municipality or the country (article 58 of Ley 2220 de 2022), you cannot attend, you must submit valid justification within the three (3) days following the date on which the hearing was to be held (article 59 of Ley 2220 de 2022).
If you do not attend and do not justify your absence within the legal time limits, the conciliator will record the non-attendance in the file. Where conciliation is a prerequisite to suit (requisito de procedibilidad), that record has two consequences: your unjustified absence may be weighed as serious evidence (indicio grave) against your claims or defenses in the subsequent court proceeding, and the judge will impose on you a fine of up to two (2) current monthly minimum legal wages (Law 2220 of 2022, article 59). It should be noted that this applies when conciliation is a prerequisite to suit; it is not an automatic consequence of every voluntary conciliation.
Gather your documents and bring all the supports of your claim: contracts, invoices, receipts, emails, budgets, photographs, or other relevant documents. All what to do in case of unjustified dismissal to arrive with clarity on the severance applicable under Article 64 of the Substantive Labor Code.
Define your minimum proposal and be clear on how far you are willing to give in. Set a realistic negotiation range (e.g., your ideal amount and your lower limit), to know when leased property restitution process, this range should consider not only the amount owed but the eviction deadlines and the destination of future rent payments.
Evaluate if you need a lawyer; it is not mandatory to be accompanied, but it is advisable in complex cases or with high amounts. A specialized lawyer will help you draft your claim.
Before you arrive
Checklist: documents to gather
- Official summons (date, time, format, subject of the dispute)
- Signed contracts related to the dispute
- Invoices, receipts or proof of payment
- Relevant emails and messages
- Estimates, quotations or proposals
- Photographs or other evidentiary material
- Special power of attorney granted by escritura pública, a notarial deed (if you attend with an attorney)
- Minimum offer and negotiation range defined in advance
Art. 58 — Ley 2220 de 2022 (Estatuto de Conciliación)Appearance of the parties and action through an attorney in conciliaciones extrajudiciales en derecho (out-of-court conciliation conducted in law).
Art. 59 — Ley 2220 de 2022 (Estatuto de Conciliación)Failure to appear: three (3) days to justify it, serious adverse inference and a fine of up to two (2) S.M.L.M.V. (monthly statutory minimum wages) where conciliation is a prerequisite for filing suit.
During the hearing: how to act and what to watch for
Be punctual and respectful, arrive on time and greet courteously. The conciliator and the other party will appreciate your professional attitude. Dress appropriately for the setting (formal attire
Present your facts clearly, in an orderly manner and without becoming upset. Speak slowly, use concrete examples if necessary, and listen attentively.
Do not sign without understanding, read the complete conciliation record carefully, before placing your signature ask everything you do not understand to your lawyer or, if you do not have one, request
Decide whether you are willing to negotiate, look for common ground and propose reasonable solutions. The goal of conciliation is not to "win 100%" but to reach a practical agreement. This is where conciliation matters, because it makes the whole process faster than adversarial litigation.
Arts. 4 and 30 — Ley 2220 de 2022 (duty of confidentiality and non-disclosure)Remember that in conciliation the information the parties disclose is subject to a duty of confidentiality: the settlement proposals put forward cannot be used against you in a later proceeding, and the conciliator must keep confidential what the parties express (Law 2220 of 2022, articles 4 and 30). However, what is recorded in the signed minutes does produce legal effects, and facts or evidence that the other party learns through its own means do not become confidential merely by being mentioned at the hearing.
When it is advisable to attend with a lawyer
In out-of-court conciliations in law, Ley 2220 de 2022 (article 50) allows the request to be filed in person or through an attorney with express authority to conciliate: it is not a general legal requirement, although having an attorney is usually advisable given that the agreement acquires the force of res judicata. Nor is it mandatory in matters within the competence of the comisarías de familia (municipal family commissioners' offices), the Defensores de Familia (Family Defenders) and the conciliadores en equidad (equity conciliators), although it is highly advisable. In judicial conciliation within a proceeding, the parties act through their attorney of record. An attorney will help you prepare the claim, identify the applicable rule and verify that the record of the hearing faithfully reflects what was agreed.
Laws and case law cited
The rules in this guide correspond to the statute in force. In Colombia, conciliation is no longer governed by Law 640 of 2001, repealed by Law 2220 of 2022 (Estatuto de Conciliación), in force since December 30, 2022 (article 145).
- Ley 2220 de 2022 — Estatuto de Conciliación. Official text: Función Pública — Gestor Normativo (Colombia's official legislation database) · SUIN-Juriscol. Articles cited: 58 (appearance), 59 (failure to appear and fine), 64 (enforceability and res judicata), 4 and 30 (confidentiality and non-disclosure).
- General Code of Procedure (Law 1564 of 2012), article 74 — special power of attorney with express authority to conciliate and to dispose of the right in dispute.
- Substantive Labor Code, Article 64 — compensation for dismissal without just cause (a reference point for employment conciliations).
This guide is for informational purposes and does not replace legal advice for your specific case.
Do you have a conciliation hearing coming up and need guidance?
Consult an attorney
Spanish
English
Portuguese
Chinese