Incidencia de la mediación comunitaria en la parroquia rural de Tarqui del cantón Cuenca, Ecuador

Abstract

Since 2008, alternative dispute resolution methods have been constitutionally recognized in Ecuador, enabling different ways to resolve conflicts in a consensual and balanced manner between the parties. One recognized form of conflict resolution is community mediation, which is regulated under the Ley de Arbitraje y Mediación as a right of community organizations to settle disputes. In this regard, to analyze the practical application of community mediation in Tarqui in the city of Cuenca, a qualitative approach was employed, utilizing a case study methodological design and applying research techniques such as literature review and structured interviews. The findings indicate that, as of 2023, the practical implementation of community mediation in Ecuador has not been widely addressed. Furthermore, it faces challenges such as a lack of regulatory framework, limited knowledge among mediators, low participation, and an insufficient culture of peace in the social reality, which ultimately results in the limited effectiveness of this process.