Browsing by Author "Genesis del Rocio Moposita Pillapa"

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    La Efectividad de la Negociación Asistida en Procedimientos Laborales en Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-05) Genesis del Rocio Moposita Pillapa; Jordán Buenaño, Jeanette Elizabeth
    Assisted negotiation, whose application for the first time originated in the United States, is an alternative dispute resolution mechanism that promotes dialogue between the parties involved, with the intervention of a neutral third party, in order to resolve the conflict; the interesting thing about this mechanism is that it allows problems to be resolved in less time, at a lower cost and saving resources. It is worth noting that assisted negotiation as such is not defined in a special law in our country, although it can be contemplated in Art. 190 of the Constitution of the Republic.The main objective of this research is to analyse the feasibility of implementing assisted negotiation as an alternative labour dispute resolution mechanism in Ecuador. The research employs an exploratory and descriptive methodology. First, a bibliographical review based on doctrine and jurisprudence will be conducted using a mixed method approach, combining qualitative and quantitative techniques. The techniques used will be surveys of 188 lawyers registered with the Lawyers' Forum and interviews with three first-level judicial unit judges.The results obtained show that implementing assisted negotiation is feasible. This would provide a range of benefits, such as reducing congestion in the administration of justice, optimising the use of time and resources (both private and state), and resolving labour disputes in a way that benefits those involved. However, several legislative, cultural and social challenges will have to be overcome prior to implementation.