MASC: fortalecimiento de la conciliación como descongestionamiento de la justicia laboral

Abstract

The access to justice is a human right of every person, by which he/she requests the intervention of the State to resolve daily difficulties, such as the conflicts that arise between employers and workers. Constitutionally, the access to and the administration of justice must fulfill an ultimate goal: the solution of a conflict, even if it is about current formalities, as long as they observe a respect of equality and the due processes. To achieve this, in addition to the traditional jurisdictional procedures, the State envisages alternative dispute-resolution mechanisms. Undoubtedly, the conflicts that may arise between workers and employers already represent a de facto problem, and by trying to solve it, paradoxically another problem surges, since in this scenario they must deal with and find the right way to resolve the conflict. The traditional response to seek to solve these various kinds of problems has been to initiate legal proceedings in judicial courts. However, in recent decades there has been a growing interest in promoting and developing conflict resolution mechanisms that can be an alternative or a complement to the judicial model. As of the constitutional reform of February 24, 2017 in the field of labor justice, conciliation, as a mandatory preliminary ruling stage, serves as a relieving factor of labor justice by diminishing the procedural burden of the courts, and reducing the costs and delay of the resolution of disputes, thus facilitating access to justice.