Estudio sobre la factibilidad de la mediación prejudicial obligatoria en materia de familia, niñez y adolescencia y su beneficio de descongestión en el sistema procesal

Abstract

Abstract: Mediation in Ecuador has been applied since it is recognized by the Constitution of 1998, subsequently with the issuance of the Arbitration and Mediation Law the procedure of such alternative dispute resolution mechanism is regulated, the intervening parties and, the intervening third party or known as mediator, now, mediation becomes an auxiliary of the judicial bodies, to the extent that it allows to resolve the disputes of the parties more immediately, with minimal judicial intervention. The mandatory pre-judicial mediation is regulated by the legislations of other countries, which have obtained favorable results, in such a way, the Ecuadorian legal system can incorporate the pre-judicial mediation with such character, which requires the parties to submit to carry out an execution process, in compliance with the social purpose of the law and the Constitution, seeking a culture of peace and the decongestion of the judicial system in the area of family, childhood and adolescence matters.