Decongestion of the judicial system in Ecuador. Alternative conflict resolution method in first instance mediation in labor matters

Abstract

The research article has been carried out through an exhaustive search of the legal and doctrinal aspects that comprise the resolution of conflicts and especially of individual work, mediation in terms of its direct application to different situations, types of mediation, its characteristics, advantages, stages, labor mediation, characteristics; labor law, labor disputes, types of labor disputes, approaches to conflict resolution, conflict phases and their forms of resolution. In this sense, it should be noted that labor mediation when referring to collective disputes is mandatory, not so for individual labor disputes, since the obligation to submit them to labor mediation prior to initiating is not contemplated in the Labor Code. the process through the courts, hence the importance of proposing a proposal aimed at providing an efficient and effective solution to this problem. By resorting to alternative dispute resolution methods, specifically labor mediation, all those involved in a conflict benefit, that is, a winner-winner situation occurs.