Consensual means of conflict resolution in Colombia

Abstract

This article explores consensual means of conflict resolution in the Colombian legal context, emphasizing labor law and occupational safety. Conciliation is highlighted as the backbone of labor law in the country, from its incorporation in historical legislation to its consolidation in the 1991 Constitution. In addition, the study examines internal mediation in cases of labor harassment according to the guidelines established by recent laws and resolutions. The text also addresses the evolution of mediation in the collective bargaining process, discussing the criticisms and reforms that have resulted in the elimination of this stage in favor of an extension of direct negotiation. Finally, the article analyses the composition and function of arbitration tribunals, especially in the context of labor disputes, highlighting the need to revise the current system due to a need for more confidence in the impartiality of arbitrators. The paper concludes with reflections on the importance of structural reforms in resolving labor disputes in Colombia.