Ventajas de la mediación frente a la justicia ordinaria en Ecuador

Abstract

This research aims to analyze the advantages of mediation as a highly effective alternative dispute resolution (ADR) mechanism, highlighting the intangible elements that, in turn, are understood to be factors that benefit it and distinguish it from the traditional judicial system. In this context, the characteristics, principles, and current regulations on the subject will be analyzed, with special emphasis on the intangible factor, since relying solely on the legal framework does not allow for an objective perspective. This often leads to disputes that could be resolved through ADR mechanisms but instead end up congesting the judicial system, resulting in prolonged waiting periods and unnecessary costs. In particular, the importance of these subjective elements is analyzed in depth, as they directly affect the quality, efficacy, and outcomes of the mediation process. Comparative law will be used to identify differences and to contextualize how various countries approach this mechanism, concluding that mediation represents an efficient, accessible alternative with clear advantages over the Ecuadorian ordinary justice system.