Mediación pre procesal en el ámbito civil en el Ecuador

Abstract

Mediation, as established by the Constitution of the Republic, is a conflict resolution mechanism, which also complies with the effective protection of the right of every citizen to access justice. It is important as a society to question those practices that have been embedded in social and especially legal processes when resolving, or trying to resolve a conflict. As a determining part for the development of this degree work, we must define what is mediation, its characteristics and evaluate in a comparative study the use and result that it has had as a mandatory procedure in civil proceedings in certain countries. Establishing in the process, not only the agility and procedural and procedural speed of mediation in the resolution of conflicts, but also to produce decisive and sufficient arguments to support how beneficial it would be to promote mediation as a mandatory part in civil proceedings as a sine qua non requirement for their admission to ordinary justice. In countries like Colombia and Chile, the concept of alternative mechanisms for conflict resolution is handled in the same way, being countries in which the mandatory pre-judicial mediation has been implemented for some years now and on certain issues, demonstrating the feasibility of its implementation and its own development in each one of these countries. The main objective of compulsory preliminary ruling mediation is precisely to break with these mental schemes, on how to resolve conflicts in an adversarial way, that is, where citizens do not seek peaceful solutions, nor do they refer for a preliminary ruling, on the contrary, they think that it is better to continue the controversy until, there is a loser and a victor The methodological framework in the development of this research work will be the qualitative - comparative method, the analysis of national and international standards - comparative law -, statistical data and doctrine will be used. In such a way that, as a result of its analysis, we’ll get to the conclusion that compulsory preliminary ruling mediation in civil sphere could be implemented in our legislation with the corresponding reforms to the General Organic Code of Processes and the Law of Arbitration and Mediation.