MANDATORY CONCILIATION AND MEDIATION FOR RATIONAL USE OF THE JUDICIARY MACHINE - EXPERIENCE IN THE EUROPEAN UNION AND COLOMBIA

Abstract

The article proposes a new focus in the interpretation of the access to justice clause aimed not only to an improvement in the judicial service quality but also as a result of the constitutional principle of solidarity. In this way, no one can be given the right to waste time or resources of others unjustifiably through misuse (but tacitly and day-to-day admitted use) of the judiciary. Concepts and ideas are adopted in the European Union and Colombia that there is no violation of the universal access to justice clause when a prior attempt at conciliation or mediation is required. Far from hampering access to justice, it serves to characterize and demonstrate a real justification for suing from now on exposed by the impossibility of resolving the conflict between plaintiff and defendant. At least, a brief interpretation of the justification for suing based on the doctrine of mandatory conciliation and mediation for the rational use of the judiciary machine is given.

Keywords

• access to justice
• conciliation
• mediation
• solidarity principle
• rational use
• judiciary
• colombia experience
• european union experience