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Conciliación Extrajudicial en Derecho

English translation: extrajudicial conciliation

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Conciliación Extrajudicial en Derecho
English translation:extrajudicial conciliation
Entered by: peterinmadrid

00:08 Jan 12, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / Legal Dispute in Colombia
Spanish term or phrase: Conciliación Extrajudicial en Derecho
PROCURADURÍA DELEGADA PARA ASUNTOS CIVILES
Solicitud de Conciliación No.

Convocante (s)
Convocado (a) (s)
xxx SA...
Fecha de Solicitud xx de 2017
Objeto: PAGO DE PERJUICIOS

LA RECEPCION DEL PRESENTE DOCUMENTO NO IMPLICA ACEPTACION

De manera atenta me permito convocarle a la audiencia Conciliación Extrajudicial en Derecho que por solicitud de los Señores (as)
xx, se programó y llevará a cabo el XX DE XX del DOS MIL DIECISIETE (2017) a las XX de la MAÑANA (XX:00 A.M.),
para la celebración de la Audiencia de Conciliación Extrajudicial en Derecho en el Centro de Conciliación Civil de la Procuraduría General de la Nación adscrito a la Procuraduría Delegada para Asuntos Civiles, ubicado en... en la ciudad de Bogotá.
peterinmadrid
Portugal
Local time: 00:09
extrajudicial conciliation
Explanation:
I see no point in dropping the word "conciliation" in favour of "out-of-court"

Conciliation legal definition of conciliation
https://legal-dictionary.thefreedictionary.com/conciliation

The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial. Arbitration, in contrast, is a contractual remedy used to settle disputes out of court. In arbitration the two ...
Alternative dispute resolution - Italy - European Commission
ec.europa.eu › European Commission › EJN › Alternative dispute resolution

8 Oct 2007 - amicable settlements, as provided for in Article 1965 of the Civil Code;; mediation: the parties turn to an independent third party to settle their dispute and reach an agreement;; judicial or extrajudicial conciliation (as provided for by sections 183, 320 and 322 of the Code of Civil Procedure);; arbitration as an ...

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Note added at 7 days (2018-01-19 11:25:46 GMT)
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Conciliation
From Wikipedia, the free encyclopedia

This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2012) (Learn how and when to remove this template message)
Look up conciliation in Wiktionary, the free dictionary.
Alternative dispute resolution

Arbitration Conciliation Mediation Negotiation Collaborative law Conflict resolution Dispute resolution Lawyer-supported mediation Party-directed mediation Restorative justice

v t e

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.

Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

Conciliation differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.
Conciliation Technique

A conciliator assists each of the parties to independently develop a list of all of their objectives (the outcomes which they desire to obtain from the conciliation). The conciliator then has each of the parties separately prioritize their own list from most to least important. He/She then goes back and forth between the parties and encourages them to "give" on the objectives one at a time, starting with the least important and working toward the most important for each party in turn. The parties rarely place the same priorities on all objectives, and usually have some objectives that are not listed by the other party. Thus the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust which the conciliator can continue to develop.

Most successful conciliators are highly skilled negotiators. Some conciliators operate under the auspices of any one of several non-governmental entities, and for governmental agencies such as the Federal Mediation and Conciliation Service in the United States.
Selected response from:

AllegroTrans
United Kingdom
Local time: 23:09
Grading comment
Thanks AllegroTrans.
4 KudoZ points were awarded for this answer



Summary of answers provided
4out-of-court settlement
Francois Boye
4extrajudicial conciliation
AllegroTrans


Discussion entries: 5





  

Answers


16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
out-of-court settlement


Explanation:
Out-of-Court Settlement

An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval.

An out-of-court settlement provides that the parties relinquish their rights to pursue judicial remedies.

Francois Boye
United States
Local time: 18:09
Native speaker of: Native in FrenchFrench
PRO pts in category: 167

Peer comments on this answer (and responses from the answerer)
agree  Giovanni Rengifo: This is what I was just going to suggest when I first saw this question.
13 hrs
  -> Thanks!
disagree  AllegroTrans: No; what you have posted is a generic term but the source text here is about a specific method of settling out of court; google "conciliation" and you will see
7 days
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
extrajudicial conciliation


Explanation:
I see no point in dropping the word "conciliation" in favour of "out-of-court"

Conciliation legal definition of conciliation
https://legal-dictionary.thefreedictionary.com/conciliation

The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial. Arbitration, in contrast, is a contractual remedy used to settle disputes out of court. In arbitration the two ...
Alternative dispute resolution - Italy - European Commission
ec.europa.eu › European Commission › EJN › Alternative dispute resolution

8 Oct 2007 - amicable settlements, as provided for in Article 1965 of the Civil Code;; mediation: the parties turn to an independent third party to settle their dispute and reach an agreement;; judicial or extrajudicial conciliation (as provided for by sections 183, 320 and 322 of the Code of Civil Procedure);; arbitration as an ...

--------------------------------------------------
Note added at 7 days (2018-01-19 11:25:46 GMT)
--------------------------------------------------

Conciliation
From Wikipedia, the free encyclopedia

This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2012) (Learn how and when to remove this template message)
Look up conciliation in Wiktionary, the free dictionary.
Alternative dispute resolution

Arbitration Conciliation Mediation Negotiation Collaborative law Conflict resolution Dispute resolution Lawyer-supported mediation Party-directed mediation Restorative justice

v t e

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.

Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

Conciliation differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.
Conciliation Technique

A conciliator assists each of the parties to independently develop a list of all of their objectives (the outcomes which they desire to obtain from the conciliation). The conciliator then has each of the parties separately prioritize their own list from most to least important. He/She then goes back and forth between the parties and encourages them to "give" on the objectives one at a time, starting with the least important and working toward the most important for each party in turn. The parties rarely place the same priorities on all objectives, and usually have some objectives that are not listed by the other party. Thus the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust which the conciliator can continue to develop.

Most successful conciliators are highly skilled negotiators. Some conciliators operate under the auspices of any one of several non-governmental entities, and for governmental agencies such as the Federal Mediation and Conciliation Service in the United States.

AllegroTrans
United Kingdom
Local time: 23:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1656
Grading comment
Thanks AllegroTrans.

Peer comments on this answer (and responses from the answerer)
neutral  Francois Boye: Your definition of conciliation is the same as that of what they call settlement in the US! The settlement takes place before any court intervenes.
6 days
  -> the parties themselves can 'settle' but here it’s about using conciliation which is recourse to a conciliation service which is just ONE of several methods of out of court settlement
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