La mediación financiera como estrategia para reducir la carga procesal del sistema judicial en Cuenca Ecuador

Abstract

The research examines financial mediation as a way of resolving conflicts in the area of credit relations and obligations within the Ecuadorian financial system. It is considered a parallel alternative to the traditional model of ordinary justice, characterized by its rigidity, formalism, and high levels of procedural congestion. The study is based on the premise the premise that financial conflicts require more agile, specialized, and efficient responses that not only resolve the dispute but also preserve relationships between the parties and the stability of the economic system. In this context, financial mediation is presented as an appropriate tool that helps the parties resolve their differences. It is based on the principles of voluntariness, confidentiality, flexibility, and neutrality, creating spaces for dialogue that seek to achieve lasting agreements. This research work examines the Ecuadorian legal framework that regulate alternative methods for conflict resolution, especially mediation, and highlights its recognition in the Constitution and the law as an effective and legitimate mechanism. However, limitations are found in its use in the financial area, mainly due to the lack of specialization, the limited use of these mechanisms, and the predominance of institutional practices focused on litigation.