- Estudio Alvarez Calderón
EXTRAJUDICIAL CONCILIATION HEARINGS MAY BE HELD VIRTUALLY
On April 13, Law 31165 was enacted, which amends several articles of Law No. 26872 that regulates Extrajudicial Conciliation. The purpose of this rule is to allow extrajudicial hearings to be held by electronic or similar means.
1. In relation to the Single Conciliation Hearing, it is established that the conciliation hearing can be carried out by electronic or other similar means that guarantee:
a) The identification and communication of the parties and
b) The authenticity of the content of the agreement of the parties.
The extrajudicial Conciliator must always be physically in the Conciliation Center.
2. Once the application is submitted, the Conciliation Center must appoint the Conciliator within 1 business day and within three business days it must send the invitations to the parties, and they may be notified electronically if they have so authorized.
3. If one of the invited parties does not have the technological means to participate in the Hearing in a virtual way, they must personally attend the Conciliation Center.
4. The people who, according to the law, can be represented by a proxy, when the reconcilable matters are food, visitation right, tenure and eviction, can grant power of attorney before the Secretary of the Conciliation Center, who issues a record according to what will be indicated the Regulations of the same.
5. Once the Hearing has been held virtually, the minutes containing the Settlement Agreement will be digitally signed by the Conciliator and the intervening parties.
6. The lawyer from the Conciliation Center who verifies the legality of the agreements adopted will also digitally sign the minutes with total or partial agreement.
7. The Extrajudicial Conciliation Center, which processes conciliation procedures through electronic means, must have digital tools that allow communication between the conciliator and each of the parties as well as tools that enable digital signature, support that allows the accommodation and conservation of digitally generated documentation, digital security tools, among other technological means, which will be specified in the Regulations.
8. This law must be regulated within 60 calendar days following its publication in the official gazette El Peruano and will enter into force within 15 calendar days following the publication of the regulatory norm.