La omisión de la opinión de los niños, niñas y adolescentes en la suscripción de actas de mediación.

This investigation assesses to what extent extrajudicial processes guarantee the constitutional rights of children and adolescents. Specifically, it examines how an impartial third party employs mediation to facilitate conciliation and ensure the effective protection of constitutional rights. The mediation process significance lies on the application of the best interest of the child, as a principle within the mediation process, demanding a mediator with the requisite of technical and professional skills, grounded in experience. The application of this principle encompasses various effective negotiation techniques, with the ultimate goal of reaching a mutually beneficial agreement that positively contributes to the minor’s development. This research is framed in the context of Ecuadorian legal regulations, primarily the Code of Children and Adolescents and the Arbitration and Mediation Law, which provide the framework for its analysis in each chapter. The findings show instances where the rights of children and adolescents were either overlooked or violated during mediation processes, notably their right to be heard in a timely manner. Consequently, their perspectives were inadequately considered or, in some cases, entirely omitted from the mediation records. This breach of rights highlights the mediator’s responsibility as a guardian of the process and targets the need to address this issue. Furthermore, it is essential to emphasize that mediation is fundamentally a voluntary process, although this aspect is not explicitly stated in the law.

• Autor principal: Suntasig Guashca, Verónica Esthela (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2023
• Assuntos: Actas de Mediación; Mediador; Opinión; Niñez y adolescencia
• Acesso em linha: http://dspace.unach.edu.ec/handle/51000/11749