Análisis jurídico y doctrinal respecto de la incorporación de la mediación prejudicial obligatoria en el derecho de familia como una forma de descongestión del sistema procesal ecuatoriano

Abstract

Abstract: Mediation, as an adversarial or alternative method of conflict resolution, can be a viable solution for relieving congestion in the Ecuadorian judicial system, particularly in family law proceedings. If pretrial or extrajudicial mediation is established as a mandatory requirement for specific and defined issues, it would also contribute to expediting the resolution of these legal disputes. Additionally, it would promote a society seeking a culture of peace, reinforcing principles of efficiency and procedural economy. It s important to note that in Ecuador, this mandatory regulation would not undermine the voluntary nature of mediation. The obligation would be to first seek this mechanism before resorting to the courts, rather than imposing a decision on reaching an agreement. Similar provisions exist in various European and Latin American legislations, notably in Chile and Spain. Achieving this would require specialized training and regulation for family law mediators.