Análisis jurídico de la utilización de la mediación en materia civil, frente a la incertidumbre jurídica de los usuarios en el cantón Guaranda.

The present research work seeks to carry out a legal analysis of the use of mediation in civil matters in the face of the legal uncertainty of users in Guaranda Canton; which arises from the lack of certainty in the resolution of conflicts that have been submitted to mediation. Mediation, more than three decades ago, has been legalized in Ecuador, approving its use and decisions derived from it, creating a specific norm such as the "Arbitration and Mediation Law" which regulates this type of procedure; as well as, the Judicial Function through the Council of the Judiciary has determined through resolutions, clear parameters to create arbitration and mediation centers, which must be registered in said unit for the knowledge of the citizenry and, above all, to keep track of the actions, agreements and decisions that emanate from them; even the Council of the Judiciary itself created the Centers for Mediation of the Judicial Function that often work by judicial referral in some conflicts. Mediation, considered an alternative mechanism for peaceful conflict resolution that reduces time, costs and psychological and emotional exhaustion, caused by the conflict of the parties involved in it, over time it has brought with it legal uncertainty and mistrust due to various factors that I will analyze in this research work. Regarding to ordinary justice in civil matters, they are processes that last a long time and that congest the judicial system; there are conflicts in this area that could be resolved through mediation, however users of the justice system prefer to go through a long and complicated path in a trial, thus avoiding mediation. For these reasons, it is important to carry out an in-depth analysis of why the parties do not want to submit to this alternative mechanism that provides many facilities; however, certainty is one of the transcendental factors to be able to opt for mediation, emphasizing that certainty transforms the uncertainty and it is necessary to work technically and legally to consolidate the results of mediation and break schemes of uncertainty that basically should 6 not exist in this type of procedure due to its nature and purpose, since it pursues the benefit of the parties through dialogue conducted by an expert and ending with the signing of an act where the parties reach a formal agreement. The methodology that I used to carry out this research is of qualitative type, with the dogmatic and interpretative method of the constitutional and legal norm, because through these methods an answer to the problem treated is offered from what produces the best reconstruction as possible as allowed by the legal material available. In addition, I used field research tools such as the survey and the interview, since the facts or social phenomena studied in this work are measurable and quantifiable, I will measure and establish causal relationships between the variables to explain the study problem and the current social reality. Keywords: mediation, conflict, civil law, alternative mechanism, legal uncertainty, legal effect.

• Autor Principal: Arguello González, Rosa Eugenia (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2023
• Subjects: ANÁLISIS JURÍDICO; MEDIACIÓN; MATERIA CIVIL; INCERTIDUMBRE JURÍDICA; USUARIOS; CANTÓN GUARANDA
• Acceso en liña: https://dspace.ueb.edu.ec/handle/123456789/5106