ANÁLISIS SOBRE LOS EFECTOS JURÍDICOS DEL ACTA DE MEDIACIÓN EN EL ECUADOR

Abstract

Mediation, as an alternate method of conflict resolution valid in Ecuador, currently has great acceptance when it comes to resolving conflicts in law, given the flexibility and agility that it presents in the face of the parsimonious jurisdictional process; contributing with his practice to judicial clearance. The question to analyze it; and, in turn, the reason for this academic work, is the legal security that covers the mediation act, manifested in the effects of final judgment and res judicata that is given to the figure; and, which gives the agreement, to which the parties voluntarily reached, the character of imperative, obligatory, immutable and definitive; agreement that, it should be noted, in the name of flexibility and autonomy of will, may be distant from what is established by law. Hence, it is necessary to understand the dimension of the legal effects of the mediation act, in order to exhort the legal balance between the substance of the agreement and its effects, without mediation losing its essence as an alternative method of conflict resolution.