La obligatoriedad de la mediación: una vía de implementación para materia familiar, niñez y adolescencia

Abstract

The judicial units in matters of family, childhood and adolescence are congested, for various reasons, from the lack of judicial officials, physical and technological infrastructure and the bad practices of professionals who make up the ordinary justice system, which is why they have been the problem. of the accumulation of unresolved processes in previous years, for this reason the failure to comply with the deadlines and terms established in the law. For all these reasons, this article analyzes the proposal to implement mandatory mediation as a prerequisite for the start of a judicial process, with the aim of solving judicial congestion, in the usual processes of the matter, as well as, alimony, visitation regime, food for the elderly, food for pregnant women, possession, voluntary division of inheritance assets, according to the statistics issued by the (JUDICIAL STATISTICS PORTAL), are the causes who enter the most annually, who are not attended to in a timely manner and in the established terms. Therefore, the accumulation has been generated in these types of processes, there is no doubt that the principles of speed and effective judicial protection in the judicial system have been violated, for this reason, this academic analysis is emphasized, as a proposal for the implementation of mandatory mediation prior to the start of a judicial process, which is why the experiences of the reforms of the countries of Argentina, Chile and Colombia have been taken as a reference, who implemented mandatory prejudicial mediation in their regulations, thereby found a great improvement to the congestion of each country, therefore, an identical model is sought to be coupled as a proposal to reform the law before the National Assembly of Ecuador