Mediación como facultad de los notarios en tema familiar.

Abstract

This study explores the possibility of allowing notaries in Ecuador to take part in the mediation of family disputes, especially at a time when the judicial system is dealing with an increasing caseload and people are looking for faster and less formal ways to resolve everyday conflicts. Although mediation is already recognized by national legislation, notaries are still excluded from this procedure, despite the fact that their work is grounded in impartiality, public faith, and the formalization of voluntary agreements. The gap between what notaries could contribute and what the law currently authorizes is the starting point of this research. The main objective was to assess both the legal and practical feasibility of incorporating notarial mediation in family matters. To do so, the study relied on doctrinal analysis, comparative law, and semi-structured interviews with professionals from the notarial and mediation fields. These sources helped identify perceptions, potential risks, and the minimum conditions that would be required for an appropriate implementation. Findings suggest that the current legal framework leaves room for broadening notarial responsibilities without contradicting existing regulations. The results also show that notaries have the skills needed to act as mediators. Likewise, most interviewees agreed that giving notaries this faculty could ease the workload of mediation centers and judicial units, while offering families a more efficient alternative, provided that clear limits and proper certification mechanisms are established. Based on this, the study outlines several elements that could guide a future legal reform aimed at incorporating notaries as complementary actors in the peaceful resolution of conflicts.