Solution Over Formalities

Since a reform published on September 15, 2017, Article 17 of the Constitution has said: “Siempre que no se afecte la igualdad entre las partes, el debido proceso u otros derechos, las autoridades deberán privilegiar la solución del conflicto sobre los formalismos procedimentales” (As long as equality between the parties, due process or other rights are not affected, the authorities must give priority to resolving the conflict over procedural formalities).

The same article says: “Las leyes preverán mecanismos alternativos de solución de controversias” (The laws shall provide alternative mechanisms for resolving disputes). On January 26, 2024, the decree issuing the General Law on Alternative Dispute Resolution Mechanisms was published. It covers negotiation, mediation and conciliation.

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