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Carlos G. Arrieta
ANALYSIS
An ABC of what can happen in the audience
Carlos G. Arrieta
Former Attorney General of the Nation
The role of the Prosecutor’s Office during a preliminary conciliation hearing is to try to promote a rapprochement between the parties and determine if there is spirit to reach an agreement. The first thing the parties do is show whether or not they have that spirit. If there is, the Attorney General invites them to propose formulas or may suspend the hearing for a few days while they reach an agreement. There are different ways in which the audience develops, depending on the arguments. The Attorney General’s Office has room to move if the parties have the will, if there is no will to fix, there is little that the entity can do. If there is a conciliatory spirit, two things can happen: one, that no settlement formulas are brought to the hearing. The Attorney General’s Office, then, can suspend the hearing and summon the parties again when they have a formula. Possibility two, there is spirit and formulas. In that case, the entity invites them to sit down to work, to put them in black and white, and gives them space. That depends a lot on how proactive the attorney is. A conciliation as complex as this takes a long time to talk between those mentioned, it is not that they arrive and agree at first. Generally, when a conciliation hearing is called, state entities are obliged to study formulas through a conciliation committee. If there is any arrangement, a corresponding act will be signed with the agreed formula. If there is no settlement, the hearing is declared failed and when this happens, EPM will have to decide whether or not to file the corresponding lawsuit. There, the procedural requirement is exhausted, but that does not mean that they cannot reconcile at any time during the process, even once an eventual claim is filed. It is important to take it into account ”.
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