Análisis de la mediación y el sistema jurídico ecuatoriano, un enfoque jurídico como sistema alternativo garante de los derechos de las personas

Abstract

Abstract: The importance is associated with procedural law that relates to the accumulation of rules that regulate judicial processes within the framework of knowing more about mediation procedures to resolve conflicts of legal relevance. The purpose of the research was to relate the mediation procedures in Ecuadorian legislation and the provisions of the General Organic Code of COGEP Processes. The study was non-experimental with a qualitative and quantitative approach, applying the bibliographic method. The results show that mediation depends on factors such as the nature of the conflict, sociodemographic aspects, knowledge of the mechanism to achieve effectiveness in conflict resolution. Being a mechanism that seeks to resolve conflicts before ordinary justice, it is necessary for its effectiveness to ensure the horizontality of the process, where all parties are equal, which includes the mediators, there being no hierarchy, knowledge or legitimacy, but rather that the mechanism is based on the equality of all the people who are part of it.