Desafíos de la conciliación en el marco del Estado social de derecho

Since 1991 Colombia´s Constitution, promoted in their Citizens an active role in the construction of Social State in order to reach essential goals, which are consolidated through solidarity acts and promote peaceful coexistence, common good, justice, human dignity, diversity and pluralism. However, the alternative dispute resolution in Colombia is not used in the peacebuilding and in the conflict’s resolution in the national territory, because there are used as strategies to decrease the index of judicial congestion in order to accomplish the purpose of legal reforms. Therefore, the conciliation is used from a limited perspective as a complement of law and not as a way to resolve conflicts. The impact will be in a negative way in the consolidation of the litigation culture as a guarantee of the protection of legal rights, which are established in the Colombian legal system.