Taciszow Nosal Grzegorz

For several years I have heard the same comments. On the one hand, the settlement is a very important figure in the practice of law. Indeed, many lawyers are turning to it and highly recommend it to their customers. A conciliator (a) has the power to seek out those conflicts were impossible, but can also worsen an apparent conflict and enmity f'ácil to solve people that all they wanted was to seek an amicable departure a common conflict.

The situation is more dramatic in cases of family. The conciliators forget their role and are biased, they begin to advise, to "preach" and scold the sides, including "pearls" I recently heard from someone the following phrase: "only one who has gone through a mediation in family knows and can teach the subject. " I would not be so drastic. There are many good conciliators (as) they have not gone through the traumatic experience of a volatile divorce, or have been victims of domestic violence.

The key questions are: what kind of preparation is being given to conciliators?, (And here I refer to the facilitators at right, according to Colombian law are lawyers). Second, what lessons have we learned in the last decade of validity of the settlement? That is, what was the contribution of research to perfect a figure in which everyone agrees is necessary and important?. Only

just look at the training given to law students in their respective faculties. Little or no learning techniques conciliation communication strategies and active listening. Nor do they know the different models of conciliation hearings, much less the protocols to identify and handle cases of domestic violence, among others.

In Legal Clinic students receive a few hours of training, which is insufficient for the type of cases they will manage. When the coordinator's office identifies the case may be highly emotional, asks a psychologist to attend the hearing, but do not really see the coordinated work of two professionals from different areas working as a team. Sadly, in cases like this, it lost the opportunity to work a co-mediation model that can benefit tanto al equipo de conciliadores como a las partes en conflicto. Por el contrario, el abogado asume su rol como un técnico del derecho cuyo único fin es cerciorase que el acta de conciliación cumpla los requisitos legales, pero no se fija en el aspecto humano de la conciliación, que es precisamente donde en la mayoría de los casos se encuentra la causa y la solución del mismo.

Los efectos de esta desatención y falta de interés en la conciliación son momumentales. No solo se hace más daño a las personas que se acercan a buscar una conciliación, si no que se desligitima una institución cuyos resultados han demostrado ser útiles para la sociedad.

La conciliación bien manejada has the potential to be an important tool not only to resolve disputes outside the judicial setting, but also to generate a culture of dialogue and peaceful conflict resolution. To a large extent, success depends on a judicious work of the conciliator (a). It is time that law schools give the issue the importance it deserves and assign experienced professionals to teach him new generations of lawyers.