The voluntary principle of mediation in notarial acts

Abstract

The present work proposed to investigate the principle of voluntariness that governs the mediation system, as an effective device to solve extrajudicial conflicts. The methodological approach will be systemic, of a theoretical - deductive type, of a socio - legal nature and with the support of comparative law. Through comparative law, mainly the study of the regulations that contemplate the competence of notaries as mediators in Spain, Mexico and Germany, the possibility that its implementation within the Ecuadorian notarial system may be feasible was analyzed. The principle of voluntariness, notarial mediation and notarial acts were defined conceptually, to later proceed to carry out the respective discussion. It was concluded that in mediation it is the same interested parties who voluntarily accept the responsibility of resolving their conflicts and reaching satisfactory agreements for all parties. This through a simple and flexible procedure, assisted by the impartial and confidential presence of the notary trained for such purposes. In Ecuador, as in countries such as Spain and Mexico, notaries, as public officials of the State and specialists in Law, are able to advise on resolving certain conflicts that arise between the parties without having to go to trial.