Relevancia procesal de los medios alternativos de solución de conflictos

Abstract

This study analyzes the procedural relevance of alternative dispute resolution mechanisms within the Ecuadorian legal system. The research arises from the persistent perception of these mechanisms as auxiliary or preliminary instances of judicial proceedings, which limits their recognition as genuine legal procedures. The main objective of this study is to determine whether mediation, arbitration, conciliation, and negotiation may be considered autonomous legal procedures within procedural law. To achieve this purpose, the research adopts a qualitative approach through the application of the dogmatic-legal method, the comparative method, and the normative analysis of the Ecuadorian legal system. The findings demonstrate that these mechanisms possess their own procedural structure, produce binding legal effects, and enable the effective resolution of disputes, thereby confirming the existence of procedural relevance within this modality of the administration of justice recognized by the Constitution of the Republic of Ecuador as part of legal pluralism.