La mediación y arbitraje, un derecho constitucional en un proceso abreviado litigioso civil entre las partes

Abstract

Abstract: This research was conducted in compliance with the objectives, scope of mediation and arbitration was established as a constitutional right in civil litigious abbreviated process between the parties, mediation and arbitration in the legal standards were analyzed, determining differences in comparative law Chile and Spain, and the processes of mediation and arrived directly derived from the civil courts to the Court of Judicial mediation of Loja, from January to May 2014, always trying to influence the legal profession to be analyzed that can accommodate a future clients in civil conflicts. The results were well; convened hearings there were 207, 112 arising from the civil courts of Loja and 95 direct requests, equivalent to 100%. Convened 58 hearings have solved the problems, 17 have been unable to agree 132 hearings and mediation failure, equivalent to 100%. The hypothesis was tested positively. We conclude that mediation is the alternative means for solving conflicts, guaranteed by the Constitution in Articles 189 and 190.