La mediación como garantía de los derechos de protección y de acceso a la justicia.

Abstract

The arbitration and mediation law in Ecuador defines mediation as a conflict resolution procedure by which the involved parties are assisted by a third party named the “mediator” the person who helps negotiate between two feuding parties with the purpose to remain in the neutral middle rather than taking one side over another, in order to help both sides resolve a dispute. However, just the existence of this legal mechanism as an access to obtain justice it is not a mandatory in our legislation to initiate a legal prosecution, which coincide a legal procedure congestion that for a legal causes which for their origins, dimension and or social relevance it could or could not be in attendance of in a mediation stage, propitiating with this extra judicial voluntary agreement that all parties in conflict exert their constitutional rights to the free procurement, stated as per their free will and their own decision capacity, preserving people’s right in the event that they can’t come to a mutual agreement or concur to a legal court procedures. This study wishes to create an analysis in which mediation is considered as a pre-procedural path and an enabling condition for the initiation of legal actions in the jurisdictional venue, in order to obtain, through an agreement with judgment effects , access to justice without the need to go through a judicial process.