Prejudicial conflict mediation, an alternative solution to alleviate the civil procedural burden of the Ecuadorian justice

Abstract

Today, pre-trial mediation of conflicts as an alternative solution to alleviate the civil procedural burden of Ecuadorian justice, a situation that leads to changes in the civil code, civil procedure code and the organic code of the judicial function. Among the problems that cause the conglomeration of the civil procedural burden in Ecuadorian justice, is the judicialization of all conflicts, the complex norms and procedures and the lack of offer of other alternative means of conflict resolution that is fast, efficient, and effective. The objective of the investigation was to know the viability of pre-trial mediation as an efficient, immediate, fast alternative mechanism, with procedural economy, in conflict resolution, to alleviate the civil procedural burden of the Ecuadorian judicial system and the full satisfaction of the parties. The applied methodology had a non-experimental, quantitative, cross-sectional, and descriptive design, using an instrument that generated results where it can be found that, according to the explorations carried out on pre-trial mediation of conflicts, it can be determined that most legal professionals and authorities, argue that this way of resolving conflicts would help to relieve the civil procedural burden of the courts.