How to prepare for a conciliation hearing

The conciliation hearing court is a legal mechanism essential that allows the parties to the conflict to dialogue and to propose solutions to close the dispute without going to trial. Often convenes issues such as debt, breach of contract or labor claims.

It is fundamental to take this process seriously, as any signed agreement will have legal effects full, to be enforceable as a judgment of a court and having the force of res judicata. Therefore, it is crucial to be prepared and not accept compromises that may be harmful.

What should I consider in order to attend a hearing of the conciliation court?

Perhaps you were called because someone says that you owe money, complaint breach of contract, claiming damages of a material or requires the employee benefits. In these scenarios, the conciliation hearing court is your formal opportunity to discuss, propose solutions and close the dispute without going to trial. Do not take it lightly, the agreement that firm will have legal effects full, and that means you will be enforceable as a judgment of a court, and shall merit the executive and the character of res judicata, which means that you will not be able to be re-opened to discuss the same again and it will have effects directly on rights. For that you need to handle it with care every detail from the start, to not accept compromises you harm, or lose rights to high interest and value.

The conciliation hearing is not a simple procedure, it is a legal mechanism in which you, the other party and a conciliator impartial dialogue to resolve the conflict. And although it may seem flexible, which are mindful there can have a direct impact on your estate and other rights, so it is better to get prepared. That's why here we accompany you on a short step-by-step through the questions with which naturally you will remain in this scenario, and which as in any scenario judicial demand the utmost seriousness and expertise.

Before of the audience of settlement:

Check out the citation detail, check the date, time, modality (face-to-face or virtual), and the reason of the conflict. If you were quoted, you need to go, as the extrajudicial conciliation is compulsory in certain cases, and all the parties involved are legally notified to attend.

Never ignore the subpoena without justification, even if you don't have the mood settlement (that is to say, without intending to assign or agree on anything), it will not relieve you of to introduce you to the conciliation hearing when you've been quoted. In Colombia, the law requires the parties to attend, but are not obliged to come to an agreement. If you received a summons for a conciliation hearing, you must attend or present a valid excuse within 3 days following the hearing.

If you're not going without justifying your absence within the legal time limits, your lack, you can generate a certificate of attendance will be noted in the record. That constancy affect as an indication severe against your arguments in a future court proceedings, the judge could take into account the absence as a reflection of lack of interest in resolving the conflict, hurting your interests. In addition, this unjustified absence may also allow the judge to impose a fine, especially when the settlement was prerequisite to sue.

Collect your documents, it takes all the support of your claim: contracts, invoices, receipts, emails, budgets, photographs, or other relevant documents. The entire test can help strengthen your position.

Set your proposal minimum, be clear what your interests are and where you're willing to surrender. Fixed a range of negotiation realistic (for example, your ideal amount and your lower limit), to know at what point cerrarías an agreement without giving in too much.

Evaluate if you need a lawyer, it is not compulsory to be accompanied, but is recommended in complex cases or with amounts as high. A specialized lawyer will help you to make your claim, negotiate the best the agreement and make sure that everything complies with the law.

During the hearing:

I know punctual, respectful and arrive on time and greet you cordially. The conciliator and the other party will appreciate your professional attitude. Dress properly for your environment (clothing formal office or light) to make a good impression.

Communicate your version with calm, discuss your facts and claims in a clear, orderly and without trying to upset you. Speak slowly, use concrete examples if necessary, and listen carefully to the response of the other party. The goal is to discuss, not argue.

Do not sign without understanding, please refer to the certificate of full reconciliation, before stamping your signature question everything you don't understand your lawyer or in case you do not have it you can ask the conciliator that you read it or explain fully. Never accept a point with which you disagree.

You Decide if you're willing to negotiate, look for points in common, and propose reasonable solutions. The purpose of the reconciliation is not to “win 100%”, but to achieve an agreement practical. Here is where it is important to the settlement because it makes the whole process faster than a process-adversarial.

Remember that in the reconciliation of the information that the parties reveal at the hearing is confidential or proprietary, so that everything you say may be used against you in future stages or processes.

Frequently asked questions about the conciliation hearing:

Is it mandatory to attend the conciliation hearing?

Yes. If you received a citation, you need to apply; otherwise it shall issue a certificate of absence. Do not go without giving any reason may delay the resolution of your conflict, and give free rein to the other party that requires you to.

What happens if I'm not going to reconciliation?

A record of non-attendance in the act. This is to certify that could not hold the hearing. In cases where the settlement was a prerequisite, that constancy allows the plaintiff to continue the judicial process (as it demonstrates that they tried to resolve the conflict).

Do I need a lawyer for reconciliation?

It is not mandatory to go with a lawyer, but is highly recommended. A lawyer will help you prepare your claim, argue better, and verify that all the process is correct. If you decide to go without an attorney, try to inform yourself about your rights before the hearing.

What should I bring to the settlement?

It bears all the documents and evidence to support your case: contracts, invoices, estimates, receipts, emails or messages, receipts, photos, etc, the more evidence you have, the more strength you will have your position.

What happens if we do not reach an agreement?

If there is a settlement, the mediator shall issue a certificate without an agreement. From that moment on you will be able to sue, since the act of
absence or disagree enables the court. In short, you wouldn't have lost most of what has already sought to avoid: you can simply start or continue the lawsuit in the courts.

Can you do me harm you say in the settlement?

No. What was discussed at the conciliation hearing is confidential. Nor the mediator or the parties may use such information in
other judgments. Speak with sincerity helps you to explore solutions; the law protects the confidentiality.

How long is the conciliation hearing?

Tends to be brief: many durations ranging between 30 minutes and a couple of hours, depending on the complexity of the case. It is usual that in a single
session (sometimes with short breaks) to try to reach an agreement, so they planned to spend half a day.

Can I send someone in my place?

Yes, you can authorize a proxy (attorney or someone you trust) to represent by means of a power of attorney or letter of authorization. Be sure to leave a written record of this authorization prior to the hearing.

What is the effect of the settlement agreement?

The act that signature has the same legal effect as a judgment. When you sign an act of reconciliation with clear obligations
(for example: pay a sum, to deliver something, to fulfill an action) that act has legal force to be required by the court, is an executive title. That means that, if a party does not comply with what is agreed, you can go directly to the judicial process, to demand that meets
what was agreed upon, without the need to prove all the facts again. That is why it is crucial to review in detail each clause before you sign, making sure that the amounts, deadlines, who does what and in what conditions are well written and are possible to demonstrate.

Can I repent after signing the agreement?

No. Once signed, the agreement is final. You can only challenge in limited circumstances (fraud, error, severe,
disability, etc) through an action for annulment, which is difficult and rare. That is why it is key to understand it well before you sign.

Does the request for conciliation is free in Colombia?

Yes, the law provides that the conciliation before conciliators in equity, centers of reconciliation by public bodies and offices
legal college should be free of charge. However, there are exceptions, a notary can charge for their services, and some centers may impose a fee if the case has amounts of very high, or if it is private services special.

Legal advice can help you resolve your case with safety.

Sources

Official information and legal guides on reconciliation and conflict resolution.