Mediation hearings. An analysis between procedural guarantees and effective judicial protection (Review)

Abstract

The present article examines the effectiveness of mediation hearings in Ecuador, focusing on how they align with procedural guarantees and effective judicial protection. The general objective, therefore, is to conduct a critical analysis of the normative treatment of these guarantees according to the Arbitration and Mediation Law of Ecuador, evaluating their practical application in mediation processes. The methodological approach adopted is qualitative, centered on a legal-normative and dogmatic analysis. The methods applied include the analytical-synthetic method to break down and synthesize key concepts, the exegetical method for the interpretation and critical analysis of regulations and jurisprudence, and the inductive method to derive conclusions from specific cases and practical experiences. The results obtained reveal that although mediation offers a faster and less costly alternative to traditional litigation, there are significant challenges such as procedural inequality and limited accessibility, especially in rural areas. The study concludes that it is essential to strengthen the application of procedural guarantees to ensure that mediation is a fair and effective mechanism that upholds the fundamental rights of the parties.