La mediación como etapa preprocesal obligatoria en la legislación ecuatoriana

Abstract

The proposed research and analysis topic, contemplates the absence of mandatory pretrial mediation in the General Process Code, which should be considered as a new means to solve conflicts of settable nature before legal action is initiated.

Currently, mediation is recognized in the Republic of Ecuador’s Constitution, and the law of Mediation and Arbitration exists; however, this method is not practiced due to a litigious tradition rooted in our society. My proposal is implemented as a first resource to solve a conflict before accessing ordinary courts. This is based upon on a previous analysis of the Argentinian legislation experience, which has produced notable results.