EL USO DE MÉTODOS ALTERNATIVOS DE RESOLUCIÓN DE CONFLICTOS SOBRE APREMIOS EN MATERIA DE NIÑEZ

Abstract

The general objective of this research is to demonstrate the effectiveness and viability of alternative conflict resolution measures in the alimony disputes in Ecuador, for this the shortcomings of the figure of the duress and the Ecuadorian legal system were described. The advantages of mediation processes in alimony trials in comparative law were indicated, as well as alternative conflict resolution measures were analyzed in order to effectively guarantee compliance with alimony obligations. The methodology used was based on the qualitative approach that materialized at the time of carrying out the analysis of the relevant bibliography, as well as national and international regulations and rulings issued by the Constitutional Court of Ecuador. The results of the investigation allowed us to determine that the figure of coercion directly violates the right to freedom of the obligor parent and in the end does not end up guaranteeing the best interests of the child, since the obligor is deprived of his ability to work. Consequently, it is necessary to use alternative measures such as mediation, which is the most used in comparative law, since it has been possible to demonstrate successful results in matters of family law specifically in relation to alimony, thus avoiding harm to freedom. of the feeding parent and delay payments of pensions that the child or adolescent has stopped receiving.