ALTERNATIVE DISPUTE RESOLUTION PROCEDURES IN THE COLOMBIAN PEACE PROCESS

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Omar Antonio Herrán Pinzón
Jaime Alberto Sandoval Mesa
Jesús E Sanabria Moyano

Abstract

Alternative Conflict Resolution Mechanisms (MASC) make possible solutions in order to promote strategies for dialogue, negotiation and procedures aimed at restoring the social, legal and democratic order of a State in conflict.
The complex peace process with the FARC-ep in Colombia has been the specific object of this type of procedure, in such a way, in the face of the final agreement to end the conflict, it allows people to be guaranteed access to
the administration of justice in a timely, effective and transparent manner, so that fundamental rights and impartiality are made effective and prevent any form of private justice. Therefore, the scope of alternative conflict resolution mechanisms that coincide with the measures and processes outlined in the 2016 Peace Agreement will be determined. This article is developed by means of a hypothetical deductive analytical qualitative hermeneutical method in order to demonstrate whether the variables of the alternative conflict resolution mechanisms actually obey the instruments used in the peace process and whether the special justice created for this The effect represents these alternative values of justice, especially in a complex post-conflict scenario affected by serious security problems.

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Articulos 39