Análisis de la Mediación como requisito previo a procesos de divorcio en la ciudad de Cuenca

Abstract

This research is based on the analysis of mediation as a prerequisite for divorce processes, where an analysis is carried out of how mediation is carried out within Ecuadorian legislation, in force since 1997 through the Arbitration and Arbitration Law. Mediation, this being protected by the Constitution of Ecuador, where article 190 explicitly states arbitration, mediation and other alternatives to address disputes, where it is stated that these procedures must be carried out in accordance with the legislation in force and apply in matters in which it is feasible to reach an agreement. On the other hand, it is taken into account that divorce is a legal process that ends the marriage and grants the spouses the freedom to contract a new marriage within Ecuador. Two types of divorce are recognized: by mutual agreement (art. 107 ), and contentious divorce, which requires being based on one or more causes (art. 110) of the Civil Code. A survey has been carried out in which the feasibility of mediation as a prerequisite to divorce is demonstrated, demonstrating that problem resolution turns out to be more effective and more accessible, thus avoiding emotional exhaustion and procedural costs. Finally, scientific research methods such as analytical-synthetic and data collection are used to determine the effective use of mediation as a useful mechanism in divorces.