Los acuerdos mediatorios en materia de niñez y adolescencia frente al principio del interés superior del menor, en Guaranda, 2022.

The Constitution of the Republic of Ecuador (2008) recognizes arbitration and mediation and other alternative procedures for the resolution of conflicts, which must be carried out in accordance with the law, in transmissible matters. A mediation agreement is an understanding reached by the parties i...

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Auteur principal: Chimbo Bayas Mirian Beatriz (author)
Format: bachelorThesis
Publié: 2024
Accès en ligne:https://dspace.ueb.edu.ec/handle/123456789/7472
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Résumé:The Constitution of the Republic of Ecuador (2008) recognizes arbitration and mediation and other alternative procedures for the resolution of conflicts, which must be carried out in accordance with the law, in transmissible matters. A mediation agreement is an understanding reached by the parties in conflict, with the help of a mediator, to resolve their differences in a consensual and voluntary manner. In the context of childhood and adolescence, these agreements must be especially sensitive to the principle of the best interests of the minor. This implies that any decision made must favor the well-being and development of the children and adolescents involved, ensuring that their rights are protected and promoted. In the mediation process, the mediator acts as a facilitator of dialogue between the parties, seeking to reach an agreement that reflects this essential principle. However, mediation agreements regarding alimony, visitation, custody and parental authority are often made without any consideration other than the interests of the parents who are involved in the mediation, leaving aside the best interest of the child. minor Keywords: mediation agreement, best interests of the child, children's rights.