Implementación de la mediación como un mecanismo extrajudicial para la resolución de conflictos en materia de familia a través de una reforma en la ley de arbitraje y mediación

Abstract

Abstract: In the Council of Judiciary, within the city of Loja, there is a procedural overload regarding the amount of demand income that exists. Therefore, a reform is presented to implement mediation as an alternative resource for the resolution of conflicts, in a preprocedural stage concerning family matters. With the intention of helping directly in cases, where the parties are willing to reach an agreement, preventing people from taking legal action. This is too late and requires multiple factors and not all people are able to accomplish it. That is why the present reform intends to help in various points. Firstly, that the citizens can resolve cases in a practical and effective way, whilst remaining free of charge. Alternatively, that the Council of the Judiciary does not have so much procedural burden and that the cases genuinely require the sound criticism of a competent judge to end a conflict. Therefore, resulting in a disagreement of the parties and the mediation will not proceed.