Mediation in the area of ​​family, childhood and adolescence, as an effective method to optimize the procedural system in the city of Milagro

Abstract

Mediation as an alternative method of conflict resolution is recognised in Ecuadorian legislation, that is, in our Constitution of the Republic of Ecuador, in the Law of Arbitration and Mediation, as well as in the Organic Code of Childhood and Adolescence, and other regulations that refer to it. The objective of this study was to determine the effectiveness in the area of family, children and adolescents, as a mechanism to decongest the procedural system in the city of Milagro. The research focused on a mixed, descriptive, explanatory and propositional system that allowed us to understand the procedural phenomenon and to make a proposal with the aim of optimising the principle of procedural speed and economy. In the same way, empirical level methods, methods of analysis and documentary review, theoretical level methods and techniques and instruments such as interviews and surveys were used. For this reason, the proposal was made, which implies the obligatory nature of an act of impossibility of mediation that accompanies the lawsuit, prior to the initiation of a judicial process, which promotes the achievement of amicable, fast and satisfactory agreements, as well as the decongestion of the Ecuadorian justice system, based on factors such as speed, confidentiality and a lower amount of expenses for the processing of the process, and safeguards the welfare and interest of minors. A culture of peace prevails between parties, where an agreement is reached that is centred on their needs, contributing to a fair, equitable and collaborative society.