In brief, could you please summarise the systems of alternative dispute resolution (ADR) available in Venezuela and the processes involved? The dispute resolution system underwent a radical positive change in the 1999 Venezuelan Constitution. First, rights and guarantees of access to justice, due process and the right to defence are recognised under the traditional organisation and structuring of a professional, independent, and impartial Judiciary. But what is interesting is that the idea and concept of the ‘justice system’ are created by the Constitution as a set of actors and mechanisms that interact in and for the resolution of controversies. Parts of that system are the ADRs. Obviously, the idea of the justice system is to think of the coordinated operation of a series of pieces that mesh to provide people with adequate mechanisms to resolve their disputes. So, for the justice system to work, it is necessary for the ADR sub-system – one of its cogs – to work. Since the 1999 Constitution came into force, there has been support and promotion of ADR from the express provision of the Constitution. Thus, article 258 CRBV establishes: “The law will organise justice of the peace in the communities. Judges or justices of the peace will be elected by universal, direct, and secret ballot, under the law. The law will promote arbitration, conciliation, mediation, and any other alternative means for conflict resolution”. This rule has been recognised as the constitutional foundation of ADRs, addressed to public powers (including courts) and of course to 68 LAWYER MONTHLY APRIL 2023 The Development of Alternative Dispute Resolution in Venezuela Thought Leader On the back of its adoption of the 1999 Constitution, Venezuela has undergone significant positive changes across its judicial system. The same is true for ADR, which is still making great strides. Jorge Isaac González Carvajal, an independent arbitrator in Venezuela, shares the insights he has gained over a lengthy career in ADR and offers his predictions for how the sector will continue to grow.
RkJQdWJsaXNoZXIy Mjk3Mzkz