Abstract

VARGAS VACA, Héctor. Citizen participation in conflict management. Rev. Derecho Estado [online]. 2013, n.31, pp.297-346. ISSN 0122-9893.

Abstract Given the collapse of the judicial system in Colombia, for two decades it has been accepted that individuals have been allowed to participate in the administration of justice for the purpose of alleviating congestion in the judicial offices. However, thanks to recent methodologies for identifying "legal needs", which we have investigated, it is possible to detect the problems of justice from the point of view of the user. This has allowed us to discover what citizens really do in the face of conflict, and it has provided evidence that individuals, making use of community regulation and "direct" civil agreements, are the ones who bear the brunt of most legal problems. The number of lawsuits entering the justice system represents a minority, and a large percentage of those disputes rejected by the system are dealt with by executive authorities. In doing so, those authorities assume a jurisdiction which constitutionally is beyond their scope for this depth of decision-making. The main challenge for the justice sector lies in the fact that around fifty percent of legal problems entail such phenomena as a feeling of resignation or claims that are unregulated or unreported. This is a chaotic situation that questions the role of all institutions. Moreover, it invites us to rethink the administration of justice and to promote all efforts aimed at providing a more diligent legal architecture and institutionalizing good practices to increase citizen involvement.

Keywords : Peace; conflict; ADR; settlement of disputes; legal system; lay magistrate; legal action; access to the courts; restorative justice.

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