Análisis jurídico de la mediación en procesos civiles: ejecución de actas de mediación.

Abstract

Abstract: Mediation dates back to the origins of humankind; it is as old as conflict itself. Mediation is present and expressed in a body of legislation, constituting an institution that applies to all branches of law. Its purpose is to speed up the prevention of litigation in civil and commercial matters, due to the nature of its economic interests, and is rooted in the disagreements between merchants and businesspeople. However, the current mediation system does not include coercive enforcement in the event of non-compliance with the agreements signed in mediation centers, impairing effective access to conflict resolution. In Ecuador, and as a result of the current legal system, the perspective is substantially different from the doctrinal purpose of mediation, due to the practice of non-compliance with agreements or transactions reflected in mediation agreements, which requires the affected party to resort to judicial proceedings to proceed with the enforcement of the writ of execution.