HETEROCOMPOSITION AND AUTOCOMPOSITION: DEFINITION, CHARACTERISTICS - ARTE - 2025

Heterocomposition and autocomposition are alternative methods for the resolution of conflicts within the civil process. They are alternative methods since what is considered the main method for settling conflicts is State intervention; in particular, the Judiciary.

Self-composition refers to the resolution of disputes through a voluntary private act by one or both parties. Instead, heterocomposition refers to the resolution by a procedural body that has legal power.

Initially, when people got together and lived together, conflicts and negotiations over possessions began. Many times a third party was the one who had to decide, invested with the authority that gave him his age or his moral strength within the community, according to the criteria of said society. These were the first methods of conflict resolution.

The degree of installation of the judicial system in society is so high that the intervention of judges or courts to solve conflicts is often understood as the main, and even the only feasible solution.

When someone has a conflict automatically assumes that the resolution system goes through a court or a judge; however, there are other alternative methods such as heterocomposition and autocomposition, which are used effectively in conflict resolution.

Definition of h

It is the resolution of a dispute through the intervention of a third party that is not part of the dispute in question. That third party is not a mere presence in the process, but its decision on its resolution is binding on the parties.

The resolution taken by the third party cannot be revoked nor admits any appeal. There are two options for the heterocompositive method: arbitration and the judicial process.

Characteristics of heterocomposition

The conflict resolution method of heterocomposition is characterized in that it is a third party who decides and finds a solution to the dispute. This is done through one of two processes:

Arbitration

In order for this method to be used, there must be an arbitration contract between the parties, which may be someone of their choice or a government body or institution.

Said contract must be put in writing, either through a separate contract or as a clause within the contract that the parties formalize.

It is a very convenient dispute resolution method, since it requires less paperwork and its cost is lower. The conventional dispute resolution system is very slow and often delayed due to the excess of cases that some courts have to handle.

The arbitrator has the necessary legal authority to resolve the conflict through the award.

Process

In this method, the one in charge of solving the conflict is also a third party, although in this case with the authorization and coercive force of the State; that is, the judge. Its decision regarding the dispute is irrevocable, as is that of the award.

Definition of atocomposition

It is the waiver of one's own right for the benefit of another's rights. Its determination can be in two senses: unilateral and bilateral, depending on whether the two subjects of the conflict reach an agreement, or if one of them gives up their rights.

In the one-sided sense of self-composition we find figures such as withdrawal, forgiveness of the offended and raiding. In the bilateral sense of self-composition we find the transaction in which the two parties in dispute make assignments that end the dispute.

Characteristics of autocomposition

Its main characteristic is that it is a way to resolve the conflict without the intervention of third parties.

However, this does not mean that there are no third parties who participate in the autocomposition. For example, there may be the case of lawyers who are part of a conflict negotiation that ends in a transaction. The key is that third parties do not have decision-making power in self-composition.

Examples

Heterocomposition example

There are two businessmen who have a dispute regarding the transmission and payment of some products. One of them claims that, despite delivering the goods on time and in the agreed manner, the full amount due has not been paid.

The other businessman alleges that the merchandise was delivered in bad condition and therefore the amount paid is lower, proportional to the loss of the product. Despite the existence of a contract between the parties, it is not clear and they do not agree on how the delivery of goods and the subsequent payment should be made.

After unsuccessfully attempting a negotiation between them with a mediator, there is no other option but to go to court. In this particular example, an arbitration had not been agreed between the parties, so they submit directly to a judge.

At this time, what is sought is to obtain a judgment that indicates the procedure to be followed by the defendant, taking into account the facts, the claim made and the evidence provided. It is the judge who will declare a sentence establishing the solution to the conflict.

Example of autocomposition

An individual is hit by a car that is under the name of the city council. Although this is a fact in which the administration is a party, it is not an administrative act, since the situation is similar to if the event had taken place between individuals.

In this case, it does not make sense to contemplate the administrative route for the resolution due to the causative event. Nor can we think that the administration itself is the one to settle the accident itself, since it would be abusive.

If self-tutelage is eliminated as a method of resolving this conflict, self-composing may be the most appropriate method. The individual who has suffered the accident can reach an agreement on the damages and items to be repaired, although having the administration in front of it is rare.

Autocomposition is normally carried out with the collaboration of two lawyers, each advising one party. Another option is a third mediator who does not have the capacity to resolve the conflict but can bring the parties' positions closer together; This mediator may participate at the request of one of the parties or of both.

Said mediator is only a collaborator so that the parties themselves find a solution. Thus, thanks to the help of the mediator, the parties can agree to an economic compensation that covers the repair of the damaged vehicle, as well as the economic detriment of the individual by not being able to use their car for their business.

References

1. Luis Octavio Vado. (2016) Alternative means of conflict resolution. Cejamericas.org.
2. Mariella Leles Da Silva (2014) Alternative methods of conflict resolution. Word.fder.edu
3. Ermo Quisberg (2018). Introduction to organic procedural law. jorgemachicado.blogspot.com
4. Legal Encyclopedia. Heterocomposition. Encyclopedia-legal.biz.com
5. Right now. (2015). Hererocomposition. rightnowwixsite.com