La mediación como una alternativa para el divorcio consensual, en el sistema legal del Ecuador, su factibilidad y beneficios

Abstract

This research work is aimed at analyzing whether or not mediation as an alternative dispute resolution method in divorce proceedings by mutual consent is feasible in the Ecuadorian legal context, in addition to the proposal of a reform to the Arbitration and Mediation Law to implement a catalog of matters that may or may not be negotiable in the Ecuadorian legal system, which would expand the matters and limit others that can be reviewed by the extrajudicial method called mediation. The main objective of the research is to identify whether or not divorce by mutual consent, which is one of the types of divorce recognized in Ecuador, can be processed in mediation. By way of conclusion, it is identified whether or not it is feasible that the procedure of divorce by mutual consent through mediation is a suitable and applicable way to terminate the marriage bond.