Alternativa en la mediación notarial para la solución de conflictos.

Abstract

In this project, mediation is studied as an alternative for conflict resolution, taking into account that it is an extrajudicial procedure that currently in Ecuador is not a notarial competence but that can contribute to the increase of people who decide to reach agreements in this way. Without resorting to judicial processes that congest the courts and cause public dissatisfaction with the time they take. The general objective is focused on legally substantiating the viability of notarial mediation. To support it, theoretical methods such as comparative and inductive are used, while the empirical methods were documentary analysis, interviews with notaries and mediators, and comparative law, the latter taking into account the Mexican and Spanish regulatory framework. With this, it was possible to base the implementation of notarial mediation in Ecuador, demonstrating that notaries have characteristics, knowledge and skills that would make it possible to enjoy this competence, especially due to their preparation in law and their trajectory. In addition, the interviewees support the reform, taking their recommendations in the design of a reform to the Notarial Law which establishes the importance of the certification of the notary as a mediator and initially provide him with competence in labor and family matters.