Mediation in Ecuador: Challenges and opportunities for conflict resolution

Abstract

Introduction: This academic article examines the development and relevance of mediation in Ecuador, highlighting its transformation since the Mediation and Arbitration Law of 1997. The distinction that exists between mediation and transaction is highlighted, focusing on Ecuadorian legislation that recognizes the transaction as a contract to resolve those extrajudicial disputes. The experience of mediation in Mexico and Spain is compared, highlighting the characteristics and regulations that are specific to each country. It concludes by highlighting profiles of similar mediators in Mexico and Spain, highlighting mediation as a valuable tool for the peaceful and efficient resolution of conflicts that arise in the Ecuadorian and international context. This comprehensive approach provides a panoramic view of mediation, highlighting its contribution to building an accessible justice system in Ecuador. Objectives: analyze mediation in Ecuador, challenges and opportunities for conflict resolution through descriptive research. Methodology: it is carried out through the use of a qualitative and descriptive methodology. Results: the results of this research are reflected when applying the win-win formula, since the parties who attend this mediation process reestablish their ties in an agile and less cumbersome way. Conclusions: mediation provides empowerment to the parties to resolve the conflict; as it is self-composing, it is governed by the will of the parties to reach an agreement and be able to resolve it.