Incumplimiento de Actas de Mediación con relación a la problemática de Ejecución dentro del COGEP

Abstract

Abstract: This research paper studies one of the most important and widely used alternative methods of conflict resolution, mediation, which is recognized by the Constitution of the Republic of Ecuador and the Arbitration and Mediation Law. In recent years, there has been a considerable increase in demand, as shown by the statistics of the Judicial Council. However, there are currently some legal loopholes that affect its use and, in turn, the execution of the mediation act when it is not fulfilled, because its competence is not expressly regulated within the current General Organic Code of Processes, which results in the affectation of the right to legal security of the affected party, since they have to invest more time and economic resources to achieve the execution of the mediation act. For this reason, we intend to carry out an inductive methodological investigation regarding the execution of minutes in the COGEP, with the objective of making a solution proposal to the problem to allow mediation to continue producing positive effects in Ecuadorian society.