Practical guide · 2026-11-16
Pre-suit conciliation in civil and commercial law
Law 2220 of 2022 issued the Conciliation Statute and repealed Law 640 of 2001. In civil and commercial matters, out-of-court conciliation is, as a rule, a condition of proceeding for declaratory actions. Without the record, the court may dismiss the claim.
When it is required
For civil and commercial declaratory proceedings it is a pre-suit requirement, with the exceptions in article 68 of Law 2220 (unknown domicile, urgent interim measures, certain partition and expropriation cases, among others). It is not, as a rule, required for a pure enforcement on an instrument. Operators: conciliation centers, notaries, Ombudsman’s delegates, municipal ombuds officers. A settlement record is res judicata and an enforceable instrument.
How I can help
I served as Judicial Procurator II in civil matters and hold a diploma in conciliation. WhatsApp +57 318 887 7711.
Sources
Law 2220 of 2022. General Code of Process. Commercial Code.
This text is general information, not legal advice on a particular case.
Ronald Valencia
Avenida Calle 127 # 14-54, Oficina 610 A, Usaquén, Bogotá D.C.
WhatsApp 318 887 7711