LA MEDIACIÓN COMO MÉTODO PARA EL MANEJO DE CONFLICTOS EN EL SISTEMA JUDICIAL ECUATORIANO

Abstract

At present, factors such as the greater development of economic freedom, globalization and democratization contribute to the growth of conflict situations and disputes between participants in various legal relationships: in the business, civil, labor, criminal, family, and other spheres. Litigation in state courts is the usual and so far most common way to resolve disputes. However, the effectiveness of this method is drastically reduced, due to the saturation of the ordinary judicial channels, showing the need for the parties and the state to look for alternative ways to resolve disputes, including mediation. These conflict resolution mechanisms allow the legal subjects to establish themselves the rules of conduct and monitor their observance, so mediation is a way to resolve disputes with the help of a mediator based on the voluntary consent of the parties. to achieve a mutually acceptable solution, so mediation contributes to improve the quality of dispute resolution, finding solutions, to maintain business relationships between the parties in conflict, keeping confidentiality, etc.