Análisis crítico de la indeterminación de la responsabilidad civil de los mediadores en el ordenamiento jurídico ecuatoriano: Tutela judicial efectiva y seguridad jurídica

Abstract

Abstract: The main objective of the research was to conduct an in-depth analysis of the lack of regulation of mediators' civil liability and how this regulatory omission affects the effective judicial protection of users who turn to mediation centers to resolve their conflicts. By applying a quantitative approach and an analytical, synthetic, and inductive method, the need to apply civil liability to sanction any negligent behavior that may occur became evident. The study captures citizen perceptions, as the surveys measure this distrust and, at the same time, optimism about implementing mediator liability. Furthermore, it generates a significant contribution that will strengthen the legal framework surrounding mediation in order to safeguard the rights of citizens who use this mechanism to resolve their conflicts. The conclusion is that not only is a regulatory problem clarified, but a conceptual framework is established to guarantee legal certainty and judicial protection.