The etymology indicates that conciliation is a term derived from the Latin conciliatio. The concept refers to the act and the consequence of reconciling: agreeing, making compatible, agreeing. It is the action of getting two or more opposing parties to reach an agreement to get along, in peace.
A conciliation, therefore, consists of reaching an agreement on something. The notion is linked to putting differences aside to end a conflict or a dispute. For example: “The head of the pro-government senators’ bloc promised to seek conciliation with the opposition leaders”, “The government ordered the conciliation between the company and the workers”, “The governor announced that he will promote an act of conciliation to bring both peoples closer together ”.
In the field of law, conciliation is called the agreement reached by the litigants, with the intervention of a third party, to conclude a lawsuit in progress or to avoid its initiation. Conciliation, in this framework, is a tool for conflict resolution.
According to DigoPaul, with a judicial conciliation, a dispute can be concluded without the need to reach a judgment; in other words, it is a special way of closing the process. This process is directed by the judge, who proposes the conditions of the agreement and then, if it is accepted by the parties, validates it effectively as res judicata.
A prejudicial conciliation, for its part, allows the process to be resolved without the need for a trial. In this case, the third party can be any individual and the agreement is equivalent to a transaction (a bilateral contract by which the parties are allowed to extinguish doubtful or litigious obligations, making mutual concessions), something that makes it a very flexible mechanism.
In Peru, for example, the law establishes that extrajudicial conciliation is an institution that allows the parties to a judicial process to go to a specialized Center to help them resolve their conflicts in a consensual manner. This alternative mechanism is not only faster than a trial, it is also cheaper.
It must be held with the participation of a conciliator, who mediates between the parties to ensure that they communicate clearly and concisely, meeting all legal requirements to be able to overcome their differences and reach an agreement that satisfies them.
It is important to note that, in some laws, trying to achieve conciliation may be a mandatory step in the framework of a legal process or before filing a lawsuit.
A conciliation act is called a document in which the will of the parties to a specific litigation is recorded, including the last declaration of a conciliation. The conciliation act has legal value, so that if the parties involved in the process do not comply with the points established in it, they will be immediately executed with a mandatory character.
One of the most outstanding characteristics of the conciliation act is that it can be executed in less time than other processes, such as legal disputes or legal trials. Regarding its content, you must indicate the date and place of celebration, official data about each of the parties, such as their name, surname and number of the conciliatory document, as well as a description of the events described in the request made. in advance, the signature and fingerprint of the parties and the conciliator, and the agreement itself.
It is very important to keep the conciliation certificate in good physical condition, without blemishes, erasures or amendments, since its validity depends on it.
