Rector’s Legal Advisory Office
Conciliation and Judicial Defense Committee
Definition and
Purposes of Conciliation
According to the provisions of Law 2220 of 2022, Article 3, “Definition and purposes of conciliation,” conciliation is a conflict-resolution mechanism through which two or more persons manage the settlement of their differences on their own, with the assistance of a neutral and qualified third party known as the conciliator, who, in addition to proposing settlement options, certifies the agreement reached. The agreement is binding and final for the parties involved in the conciliation.
Conciliation, in its various modalities, is a mechanism whose purposes include facilitating access to justice, creating appropriate conditions for dialogue and peaceful coexistence, and serving as an instrument for building peace and social cohesion.
In addition to these general purposes, conciliation in administrative litigation matters aims at safeguarding and protecting public assets and the public interest.
Process
Regulations
Internal Regulations
External Regulations
Governed by Law 2220 of 2022.
Committee
Members
With voice and vote
- Rector or appointed representative
- Administrative Vice Rector
- Legal Advisor to the Rector
- Head of the Financial Division
- Director of Planning
With voice only
- Head of the Office of Internal Control and Management Evaluation, or delegate
- Technical Secretary of the Committee
Committee
Functions
Study and evaluate the proceedings that are underway or have been carried out against the Universidad Industrial de Santander to determine:
i) the causes that give rise to the conflicts,
ii) the rate of judgments against the University,
iii) the types of damages for which the University is sued or held liable, and
iv) deficiencies in the University’s administrative actions, as well as deficiencies in procedural actions by legal representatives, with the purpose of proposing corrective measures.Establish institutional guidelines for the application of direct settlement mechanisms such as settlement and conciliation, without prejudice to their analysis and decision in each specific case.
Determine, in each case, whether conciliation is appropriate or not, identifying the institutional position and establishing the parameters within which the legal representative, their delegate, or the attorney will act in conciliation hearings. To this end, the Conciliation and Judicial Defense Committee of the University must analyze the unification judgments issued by the Council of State and the consolidated jurisprudential guidelines, in order to ensure consistency in cases where unification rulings or reiterated jurisprudence exist.
Determine whether the matter subject to conciliation is part of an ongoing fiscal liability proceeding. If so, the Committee must invite the corresponding fiscal authority to the session of the Conciliation and Judicial Defense Committee of the Universidad Industrial de Santander so that any agreement reached is binding upon the Committee and aligns with ongoing fiscal oversight and control.
Formulate and implement policies for preventing unlawful harm to the Universidad Industrial de Santander.
Design the general policies that will guide the defense of the interests of the Universidad Industrial de Santander.
Evaluate the cases that have resulted in judgments against the Universidad Industrial de Santander in order to determine whether an action for recovery is appropriate, and inform the Coordinator of the Public Ministry agents before the Administrative Litigation Jurisdiction of the corresponding decisions. This includes attaching a copy of the judgment, proof of payment, and stating the grounds for the decision in cases where it is determined that the action for recovery will not be filed.
Determine the appropriateness or inappropriateness of issuing a call for guarantee for purposes of recovery.
Establish the criteria for selecting external attorneys who ensure suitability for defending the public interest, and oversee the cases assigned to them.
Appoint the official who will serve as Technical Secretary of the Committee, preferably a legal professional.
Issue its own internal regulations.
Authorize conflicts arising with other public entities to be submitted to mediation before the Agencia Nacional de Defensa Jurídica del Estado (the National Agency for State Legal Defense) or before the Procuradoría General de la Nación ( the Office of the Inspector General).
Define the University’s position in each of the different conciliation processes when monetary payments are involved.
Legal Reports and Monitoring
PREVENTION
Unlawful Harm
The Committee must formulate and implement the policy for preventing unlawful harm. To comply with this mandate, the University relies on Superior Council Agreement 009 of 2018, which defines and adopts the policies for the prevention of unlawful harm and judicial defense at the Universidad Industrial de Santander.
Would you like more information?
Contact Us
Rector’s Legal Advisory Office
Telephone: +57 (607) 634 4000
Extension: 2223
Email: juridica@uis.edu.co
Campus Central UIS
Bucaramanga, Santander
Carrera 27 calle 9
Edificio Administración 1, segundo piso
Office Hours
Monday to Friday
7:00 a.m. – 12:00 p.m.
2:00 p.m. – 5:00 p.m.