Barreras para la aplicación efectiva de la conciliación en procedimientos ejecutivos por letra de cambio: Estudio de casos en el cantón Azogues, Ecuador (2022-2024)

Abstract

In the canton of Azogues, during the 2022–2024 period, the caseload in Civil Courts has increased significantly due to the growth of executive proceedings. This increase has caused delays that compromise the principles of procedural speed and economy. Although conciliation is constitutionally recognized, its use in executive proceedings for bills of exchange is limited, largely due to diverse barriers that impede its practical implementation. This study aimed to identify and characterize the legal, procedural, and institutional barriers that limit the application of conciliation in executive proceedings for bills of exchange. This process was developed by analyzing regulations and sentences to propose improvement actions that optimize its utilization. The research was developed under a qualitative approach as it was theoretically grounded in conciliation and the barriers to its application, using documentary and content analysis techniques. As a result of the analysis of 20 sentences, various barriers to the application of conciliation in the executive proceedings were identified. Additionally, as a contribution, it was established that a study should be conducted by the Council of the Judiciary for the implementation of rooms or cubicles with trained conciliators in the different parishes of Azogues.