Los medios alternativos como procedimiento para la solución de conflictos : en estudio crítico al arbitraje.

Abstract

The presence of alternative solutions for conflict resolution is understood as the trend that proposes the incorporation of support mechanisms for the formal administration of justice. Ecuador's civil procedural legislation recognized the importance of conciliation as a mandatory stage of the different processes in the resolution of conflicts and controversies. In 1997, the Arbitration and Mediation Law was approved, this being recognized as a norm that incorporated the doctrinal and comparative law concepts that govern the matter. Later, in the Political Constitution of the Republic of Ecuador (2008), art. 191, subsection 3, arbitration and mediation are recognized as alternative procedures for conflict resolution. Hence, the recognition of arbitration as a means of dispute resolution opens the way to the creation of arbitration centers. However, nowadays they continue to seek that these alternative means favor the achievement of agreement between the social actors involved in conflicts and controversies. The main purposes of this study are: to establish the legal support of Arbitration as an alternative mechanism in the resolution of conflicts and controversies, allowing to raise some recommendations that promote arbitration, within the framework of existing legislation, reaffirming the need to consolidate and strengthen the Conflict resolution system, to contribute to the decongestion of cases in the Judicial Function and to promote the use of other forms of conflict resolution, different from the judicial process.