La conciliación como herramienta clave para prevenir la revictimización de mujeres en juicios de divorcio

Abstract

This study analyzes conciliation as a key mechanism for preventing the revictimization of women in cases where prior, unreported violence exists, within divorce proceedings processed under the ground of the habitual state of lack of harmony between the two wills in marital life, as provided for in Article 110, numeral 3, of the Ecuadorian Civil Code. Unlike the criminal sphere, where victimization typically derives from a criminal offense, in this non-criminal context the harm arises from the judicial apparatus itself, its delays, and its adversarial nature. Using a qualitative approach and the phenomenological-hermeneutic method, the effectiveness of conciliation was assessed in comparison with the traditional adversarial litigation model. The results indicate that, although conciliation cannot decide on civil status—since such authority is jurisdictional—it fulfills a critical protective function with respect to ancillary claims. By operating under the principles of voluntariness, confidentiality, and assisted dialogue, the process drastically reduces exposure to confrontational dynamics, the repetition of traumatic narratives, and direct confrontation. Empirical evidence showed a 100% effectiveness rate in resolving conflicts through comprehensive agreements, thereby avoiding psychological wear and harmful institutional practices associated with ordinary litigation. It is concluded that conciliation, when applied with a gender perspective and technical rigor, constitutes an appropriate tool for ensuring humanized access to justice. Nevertheless, its success depends on institutional strengthening and specialized training of legal operators to manage power asymmetries and to ensure safe environments that prioritize women’s integrity