La Mediación Prejudicial, Voluntaria y Obligatoria como Tendencia Moderna del Derecho en la Solución de Conflictos

This research work corresponds to a legal study, doctrinal and comparative law, entitled, "" Prejudicial, voluntary and mandatory mediation as a modern trend of law in conflict resolution. ", With the purpose of accelerating those processes that are of material transigible through mediation, and by procedural economy, avoiding expenses for the parties and in turn reaching a voluntary agreement. The procedural burden in transigible matters is agglomerated due to the number of legal proceedings that are presented every day, with the judges being solely responsible for compliance and guaranteeing the rights of the parties to the proceedings, although there is mediation, but in many cases of the cases, the procedural parties do not want to go through the mediation center because most of them consider that it is not feasible, and consider that the mediation in our country lacks procedural efficiency. In the present investigation, through surveys and interviews conducted with various officials of the judicial function of Loja have considered that it would be very useful to establish mandatory mediation in transigible matter and thus help in the procedural burden of the judges. Argentine legislators have estimated that the processes that correspond to transferable matters and due to the procedural burden that the judges have and based on the principle of speed and procedural economy, and, being 5 processes, that can be resolved by agreement by the parties to the proceedings, the legislators have deemed necessary that the procedural parties are obliged to first pass through the mandatory mediation center to see if in the course of the hearing they reach an agreement, before reaching the court. For those persons who intend to enforce a right through judicial channels, their first vision is to go directly to the courts to force the defendant to comply with a certain obligation, so in some cases an agreement is reached at the preliminary hearing. This research work has an orientation from the social, economic and legal point of view, based on the study of comparative law, demonstrating that countries Argentina, Peru, have incorporated to their norm, mandatory mediation, and in their pertinent foundation cite; the processes that are of transigible matter must obligatorily pass through mandatory mediation.

• Egile nagusia: Jiménez Merino, Andrés Francisco (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2018
• Gaiak: DERECHO; MEDIACIÓN; SOLUCIÓN DE CONFLICTOS; TENDENCIA
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/21570