Compulsory procedural conciliation as a mechanism for judicial decongestion. La conciliación procesal obligatoria como mecanismo de descongestión judicial. Analysis in the Contentious-Administrative Jurisdiction of Antioquia, Bolívar, Cundinamarca and Valle del Cauca.

Abstract

This article analyzes the appropriateness of the Mandatory Conciliation Hearing stated in the article 70, Law 1395/2010 and the subsection 4 in the article 192, Law 1437/2011 within the processes of direct reparation of damages through Contentious Administrative Jurisdiction of Antioquia, Bolívar, Cundinamarca and Valle del Cauca from 2011 to 2018 as a measure of judicial decongestion. In order to do th, some objectives were set which led to the conclusion of this research. First, the identification of the direct reparation processes of first instance, in which convictions were made in the jurisdictions and the period previously mentioned was carried out. Next, these cases were examined to identify and analyze which factors influenced the development of the Conciliation Hearing.

Finally, the impact that this hearing had on judicial decongestion was determined. Thus, the various legal and economic benefits of the conciliation agreements reached in the processes analyzed in the final phase were established. The results obtained were achieved through the application of the descriptive quantitative methodology, which led to conclude that the Judicial Conciliation Hearing is pertinent as a judicial decongestion method in the jurisdictions under study from 2011 to 2018.