La mediación en fijación de pensión de alimentos en Ecuador.

Abstract

This work aims to analyze mediation in all its stages, with a particular focus on its application for the establishment of alimony in Ecuador. It is based on the recognition that the Constitution of the Republic of Ecuador of 2008, in its article 190, grants to mediation and other alternative methods for the peaceful resolution of conflicts, highlighting the importance of the voluntariness of the parties, who, through an act of mediation, they assume a binding commitment. Highlighting that not all areas of law are susceptible to being subject to this mechanism, which limits its application to certain legal matters. From this perspective, the problem is that, currently, mediation allows the establishment of a SUPA card or code that, through the will of the parties, sets the alimony in accordance with the alimony table and other legal requirements. However, it is important to highlight that, in Ecuador, through the courts, a coercion ticket can be requested in case of arrears of three pensions, which requires compliance with the obligation. In mediation, it is not possible to issue a warrant, which represents a legal vacuum within the country's legal context. The methods that the author will use in this work will be: dogmatic, qualitative, inductive and deductive, doing the study in the norms applicable to the exegetical and hermeneutical topic. In the present research, deductive and analytical methods were employed, complemented by a qualitative approach based on interviews conducted with mediators from mediation centers in Ecuador. These tools allowed for an analysis of the regulatory framework and the application of mediation in setting alimony payments. The results reveal that, although mediation speeds up processes and promotes voluntary agreements, it faces limitations due to the lack of coercive mechanisms.