La mediación laboral como medio de cultura de paz en casos de despido intempestivo

Abstract

This academic article examines labor mediation as a key tool to foster a culture of peace in Ecuador, focusing specifically on the problems arising from untimely dismissal. In the Ecuadorian legal framework, a dismissal often triggers difficult, long, and expensive lawsuits that damage the relationship between the parties involved and overburden the justice system. The main purpose of this study is to determine how mediation, based on dialogue and the will of the parties, helps find fair solutions that protect workers' rights and employer stability, thereby promoting social harmony. The methodology used is qualitative, with a descriptive and analytical approach. It is based on the study of existing documents and literature, including important laws such as the Labor Code, the Organic General Code of Processes (COGEP), and the Arbitration and Mediation Law. The results show that mediation not only accelerates conflict resolution and reduces the judicial workload but also humanizes the dispute by allowing the parties involved to reach their own agreements. It is determined that improving labor mediation is essential to fulfilling the constitutional obligation to foster a culture of peace. This helps transform conflicts into opportunities for mutual understanding and proper reparation.