La mediación como etapa preprocesal obligatoria en la legislación ecuatoriana

Abstract

Abstract:The topic proposed to investigate and analyze is related to the absence of mandatory prejudicial mediation in the General Code of Processes, which should necessarily be considered as a new way to resolve disputes in transferable matters, before initiating legal action; Currently mediation is recognized in the Constitution of the Republic of Ecuador, and there is the Mediation and Arbitration Law, but the mediation method is not practiced since there is a culture of litigation rooted in our society, my proposal is that mandatory pre-trial mediation is implemented for the resolution of a conflict, before accessing ordinary justice as a last resort, this prior to an analysis of the experience practiced in Argentine legislation, which has obtained remarkable results.