El principio de seguridad jurídica en los actos de mediación realizados por los centros acreditados por el Consejo de la Judicatura: un estudio crítico al sistema.

Abstract

This legal research paper conducts a critical examination of the systemic mismatch between the binding force of mediation minutes and the constitutional guarantee of legal certainty in Ecuador. Ecuadorian legislation grants mediation minutes the status of an executed judgment and res judicata of final instance. However, the system presents a significant challenge: the Judicial Council's oversight of accredited mediation centers focuses primarily on administrative and formal aspects, lacking a preventative mechanism to review the legality of the mediation records. This can lead to problems when agreements affect non-waivable rights or contain defects that compromise their validity. Furthermore, the absence of a specific and streamlined procedure for challenging these records may force affected parties to resort to ordinary annulment proceedings, which can be lengthy and costly. This could undermine the very purpose of mediation's expediency and create uncertainty regarding the application of legal norms and the legal certainty enshrined in Article 82 of the Constitution. The applied methodology is based on a legal-dogmatic and hermeneutic approach, gathering specialized doctrine from scientific repositories and the jurisprudence of the country's high courts.