Reforma al artículo 47 inciso cuarto de la Ley de Arbitraje y Mediación

Abstract

Abstract: In this research I define mediation as an alternative means of conflict resolution where two or more people who have a problem or controversy participate and that said matter can be finalized by reaching an agreement in an authorized mediation center.The main purpose or objective of my research is to establish the legal basis where Mediation as a conflict resolution mechanism complies with the application of the principles of procedural economy and speed in our justice at the time of executing a mediation act, where In full compliance with the law, it must be carried out through a new process or incident before the judge, and what is intended is that it be allowed to be carried out or continuedin the same mediation process or from which its derivation was obtained, since this would help to a timely resolution of conflicts quickly and above all to favor the aforementioned principles when processing a case of this type, which has been detected through surveys directed to lawyers in free professional practice and mediators of mediation centers qualified in the city of Loja, which has allowed me to confirm that said gap affects the law, showing that one of the main inc The convenience that occurs when executing a mediation act isto start a new process from scratch before a judge. With this problem, I have reflected in my research my respective reform proposal with which I hope to contribute to the solution of problems that arise in today's society.