secundaria

THAT IS THE MEDIATION?

By which the conflicting parties, assisted by a third neutral called mediator, resolved intelligently and creatively their disputes, arriving at a mutually satisfactory solution.
As part of its nature, the Ombudsman created, within their legal framework, the Directorate of mediation, in order to build a true culture of peace.
ADVANTAGES OF MEDIATION

Avoidslawsuits. Mediated agreements are achieved that allow prevent eventual litigation or finish a pending lawsuit, without the paperwork, costs and procedural formalities.
Is agile. Mediation develops, generally at a single hearing.
It is effective. 95% Of cases of mediation presented end up in a good agreement.
Has Rigor of law. The agreement reached in the mediation is mandatory according to the lawsin force and has effect of res judicata, i.e. it is definitive.
Is economic. Services provided by the direction of mediation of the of the Ombudsman are free and do not require the assistance of a lawyer.
You is the judge. In the mediation parties directly resolve their differences, becoming the best spokespersons for their interests and best judges of its causes.
Is reserved. None ofwhat is discussed during the hearing mediation can transcend or meet outside its scope.
Is professional and specialized. The I-diadores of the Office of the Ombudsman are prestigious professionals who have been trained in mediation techniques.


LEGAL BASES OF THE MEDIATION.

Arbitration and mediation Act establishes that: mediation is a procedure for resolving disputes whereby theparties, assisted by a third neutral called mediator, seek a voluntary agreement on settle able matter of extrajudicial and definitive, nature that put an end to the conflict.
The organic law of the people Ombudsman recognizes mediation as a valid procedure and useful for the re-solucion of conflicts between social groups and the State. Arbitration and mediation Act empowers the natural or legalpersons, public or private, to use the mediation process.


AS THIS MEDIATION IN ECUADOR.

So there is a centre of mediation and therefore enters operation must comply with several
Legal provisions in this regard. In this sense, whereas the provision of article 52 of the
Law of arbitration and mediation, you need:

-Registration in the Council of the judiciary, who gives life to its operation.For this
Registration is based on the instructions for the registry of mediation centers (see annex 1),
Determined by the former National Council of the judiciary the twenty and nine June mil
Nine hundred ninety-nine, which among other things called for proof of payment of the fee
Judicial. (One hundred dollars ($100) per year) [14],
Currently tacitly repealed.

This process of registrationlasts 15 days, where having statement positive or
Misunderstood, as approved the request [15]. Otherwise you can return to
Present it, and completing documentation or prerequisite.

It is important to note that all mediation centres shall send certified copies
Proceedings monthly, and the list of their mediators approved with their respective
Signatures. In addition each year they mustsubmit a descriptive report reflecting the training
Provided, catered causes and results of the same. All of this to the National Council
Of the judiciary.







¿QUE ES LA MEDIACIÓN?
Por el cual las partes en conflicto, asistidas por un tercero neutral llamado mediador, resuelven inteligente y creativamente sus controversias, arribando a una solución mutuamente satisfactoria.
Como partede su naturaleza, la Defensoría del Pueblo creó, dentro de su esquema jurídico, la Dirección Nacional de Mediación, con el objetivo de construir una verdadera cultura de paz.
Ventajas de la Mediación
 Evita pleitos. Con la mediación se logran acuerdos que premiten prevenir un litigio eventual o terminar un pleito pendiente, sin los trámites, costos y formalismos procesales.
 Es ágil. La...