Los métodos alternativos de solución de conflictos desde la perspectiva del Código de la Niñez y Adolescencia y Código Orgánico Integral Penal.

Abstract

Background: Human beings have always had problems of social coexistence with other entities of the same species, but given the present evolution over the years, the way of resolving disputes has changed. The purpose of this paper is to analyze, describe, explore the regulations found in the Comprehensive Organic Criminal Code and the Childhood and Adolescence Code to determine if mediation agreements within conciliation centers are carried out adequately and benefits are provided for implement due process of alternative dispute resolution methods in Ecuador, and thus increase the number of cases resolved through these methods. The analysis of this study is of a qualitative nature. This approach focuses on an object of study, assuming a subjective, dynamic reality and made up of a variety of contexts. The results mention that at the national level the total number of agreements reached given the installed audiences has been 181719 agreements from 2014 to 2020. In Ecuador, unlike other countries such as the Netherlands, England and Austria, dispute resolution mechanisms are applied anywhere. type of crime or transmissible matter. Regarding criminal matters, a rigorous process is used to carry out the conciliation, this process is embodied in article 665 of the COIP. In conclusion, in Ecuador there are not a large number of mediation centers that allow speeding up the processes, and as such there is no clear perception for users to consider that these centers are effective in the mediation process and implement mechanisms that ensure greater access. of the population to this resolution mechanism.