The principle of voluntary nature of partial mediation acts in transit matters

Abstract

Introduction: this scientific article was based on the existing cases of traffic accidents with the Fiscal Agents that do not allow mediation acts to be conducted partially, affecting the principle of voluntariness. Objectives: its main objective was to study the principle of voluntariness in cases arising from traffic accidents when mediation acts are made. Methodology: it was executed with a qualitative method based on the experience with the interview technique as an instrument, an interview guide was used that was made to Dr. Iván Montúfar Fiscal Agent of the Riobamba Canton. Results: it was noted that the parties can conduct conciliation if it does not violate the legal principles and governing bodies of the laws of the Ecuadorian legal system. Conclusions: the Fiscal Agents are obliged to accept the partial conciliation so that the principle of voluntariness is not violated. General area of study: procedural law. Specific area of study: mediation.