El acta de mediación y su valor jurídico frente a una sentencia ejecutoriada según los Artículos 15 y 47 de la Ley de Arbitraje y Mediación.

Abstract

In Ecuador, the mediation agreement and a final judgment have the same legal forcé according to articles 15 and 47 of the arbitration and mediation law. This study presents an análisis of the regulatory framework, highlighting that mediation is a binding and enforceable mechanism. However, it presents challenges such as citizen ignorance and a perception of les legitimacy compared to the judicial process. Therefore, the research takes a qualitative approach, comparing the judicial judgment and mediation agreement, showing that mediation provides significant benefits in terms of lower costs and preservation of relationships, but faces limitations in cases of power instability. According tothe interviews conducted, 80% of experts consider the agreement to have legal force, but they identified gaps such as a lack of training in mediation and limited institutional dissemination. the case analysis showed that this mechanism significantly reduces resolution times and generates high levels of compliance and satisfaction among the parties involved. Finally, it is concluded that it is important to implement awareness campaigns, strengthen the training of mediators, and establish incentives to encourage their use.