Acceso a la justicia alternativa y necesidades jurídicas insatisfechas: desafíos para el acceso efectivo de los MASC en Cartagena

Abstract

This text analyzes access to alternative justice and unmet legal needs (ULN) in the scope of the Alternative Dispute Resolution Mechanisms. A critical analysis has been conducted under the new dynamics of regulatory law in order to understand the place of the right to access justice in relation to alternative justice and the effective attention to the legal needs of those who resort to these mechanisms. This study follows a disciplinary perspective on conflict resolution, and therefore, examines MASC not only as a decongestant of judicial offices. The following aspects are addressed: i) Alternative Dispute Resolution Mechanisms: alternative or complementary for access to justice?, ii) Unmet legal needs (ULN) and the panorama of citizen participation of the vulnerable population in managing their conflicts in Cartagena, and iii) Challenges for effective access to MASC from a human rights perspective. In conclusion, the importance of strengthening MASC to effectively address the legal needs of citizens is highlighted, advocating the permanence of transitional regulations that opened the way for the digitization of MASC since the pandemic.