La mediación previa en materia transigible de niñez y adolescencia : una propuesta de reforma al Código Orgánico General de Procesos (COGEP).

Abstract

The Ecuadorian Constitution of the year 2008 has recognized the possibility of using the Alternate Conflict Resolution Mechanisms, which legitimizes their use in national practice. In judicial proceedings for issues related to children and adolescents, judges often refer to mediation processes. Raising the possibility that, in these matters, the parties access mediation as a prerequisite and mandatory before going to court, is an approach of great value, not only for those involved, but for the administration of justice itself, reducing the costs and the time in the solution of the litigations. Based on this background, the study aims to demonstrate the relevance of including prior and mandatory mediation in General Organic Code of Processes (COGEP); which is achieved through a qualitative and quantitative methodology with a descriptive approach, so through methods such as historical, analytical, deductive and statistical and techniques such as documentary review and interview; It is possible to demonstrate the benefits and the need to reform the COGEP, in order to include prior and compulsory mediation in the issues of childhood and adolescence that are known in Ecuador by the courts. With the study it has been possible to conclude the relevance of being able to insert this type of mediation, as a procedural requirement in processes of that nature.