Análisis comparativo entre el sistema de justicia ordinario y la mediación en casos de fijación de pensiones alimenticias en derecho de familia

Abstract

Within the field of Family Law, the fixing of alimony for children and adolescents is a very recurrent topic. In Ecuador, two different ways have been adopted to solve this type of conflicts, on the one hand, we have the ordinary justice system as we know it through the summary procedure and on the other hand, we have mediation as an alternative mechanism. Both mechanisms have certain benefits, some related to the preservation of inter-family relations and the other where adversarial litigation predominates, however, there are several pros and cons, which may affect the time to provide a solution and enforce the right to alimony, these will be analyzed in this article in order to conclude which of these alternatives is more convenient to use when setting alimony and what recommendations may be necessary to carry out a correct procedure and equate the levels of satisfaction of the cases resolved. In one way or another this comparison is made to protect the best interests of the child.