Derecho
Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893
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Item La Inteligencia Artificial y la Mediación; Implicaciones Jurídicas Desafíos y Oportunidades(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Gómez Ordoñez, Irvis Paul; Jordán Buenaño, Jeanette ElizabethMediation worldwide is incorporated as an alternative method for conflict resolution in the legislative bodies of different countries, to a greater or lesser extent. The objective of this research is to determine the legal implications, challenges and opportunities of artificial intelligence in mediation, as an alternative method for conflict resolution. It was held in Ambato, Tungurahua. The theoretical framework includes the review of different materials and publications indexed in reliable databases. To analyze the current state of artificial intelligence (AI) and mediation, surveys were applied to the population and lawyers, in addition to interviews with judges and mediators. For information processing, segmentation by thematic axes was applied, through a grid. The results obtained reveal various legal implications, several challenges and opportunities that, without distinction, include that society recognizes mediation as an extrajudicial process to resolve disputes. Likewise, the recognition by judges, lawyers and mediators of the advantages of mediation, and the convenience of using AI in its execution, is very favorable. There are no regulations that regulate the application of AI in mediation. It is concluded that in Ecuador mediation is not used in all possible areas; The preparation of mediators and the culture of peace are insufficient to reduce litigation. The relationship of AI, in the resolution of conflicts, is incipient and the accelerated changes that this technology undergoes, forces us to permanently review its application. Consequently, the development of information programs for society on the benefits and advantages that mediation offers in support of the administration of justice is recommended; improve the technological infrastructure, to assimilate the changes associated with the use of AI, in the mediation processes, coupled with the constant preparation and training of the specialists in charge of its application. In Ecuador, specific laws must be enacted that regulate the use of AI, including regulations that regulate the application of AI in mediation, for conflict resolution.Item Mediacion comunitaria: construccion de nueva cultura de paz en las parroquias rurales del canton Ambato(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Reyes Pérez, Jessenia Del Rocío; Espín Meléndez, María CristinaCommunity mediation is presented as a fundamental tool for the construction of a new culture of peace in the rural parishes of the Ambato. This study analyzes how community mediation contributes to the resolution of conflicts and the strengthening of social relationships in these communities. Through a mixed methodology, which includes surveys that collect perceptions of the inhabitants of rural parishes about the effectiveness of mediation in the resolution of local disputes. The results indicate that community mediation not only facilitates the peaceful resolution of minor conflicts, but also promotes social cohesion and the development of a culture of dialogue and mutual respect. It is concluded that the implementation of community mediation programs is essential to promote peaceful coexistence and the empowerment of rural communities in the Ambato canton, also suggesting significant data to apply specific strategies for its strengthening and expansion in the canton and the provinceItem Gestión de Conflictos y la Mediación Comunitaria como Cultura de paz en las Parroquias Rurales del Cantón Ambato(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Paredes Chinachi, Samantha Mishelle; Tamayo Vásquez, Fausto MauricioIn the rural parishes of the Ambato canton, community mediation and conflict management have become essential pillars to promote a culture of peace. These parishes, which face particular challenges due to their rural environment, have found community mediation an effective tool to resolve conflicts peacefully and constructively. The community mediation approach is participatory and collaborative, and a neutral mediator facilitates dialogue between conflicting parties. This process aims not only to solve the current problem, but also to improve interpersonal and community relations in the long term by promoting values such as mutual respect, empathy and collaboration, which are fundamental for sustainable development and harmonious coexistence. Furthermore, by giving communities the power to manage their own conflicts, social cohesion is strengthened and dependence on external interventions is reduced. Collaborating in the training of mediators, the education of the population about the benefits of mediation and the creation of legal and operational frameworks that support these practices. Therefore, community mediation and conflict management are useful strategies to promote a culture of peace in the rural parishes of the Ambato canton. This method not only resolves conflicts effectively, but also promotes essential values that are essential for the sustainable development of the region and social cohesionItem La mediación socio-comunitaria y su influencia dentro del derecho consuetudinario de las comunidades indígenas de la provincia de Tungurahua(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Eres Tirado, Johanna Abigail; Poaquiza Poaquiza, Ángel PatricioThe investigation entitled "SOCIO-COMMUNITY MEDIATION AND ITS INFLUENCE WITHIN THE CUSTOMARY LAW OF THE INDIGENOUS COMMUNITIES OF THE PROVINCE OF TUNGURAHUA", is framed within the problem that indigenous justice generates in the management of human rights at present, at the time to resolve controversies between members of the community for a crime or family dispute, where the authorities and older people intervene, who will decide the punishment for the responsible person. Torture and punishment within indigenous communities have a purification and cleansing perspective so that people forget bad habits and do not commit acts against the community again. Sociocommunity mediation is a branch that focuses on the resolution of collective disputes with a cultural approach, being an alternative method that respects traditions and ancestral culture, without neglecting respect for the human rights of the parties in conflict. The methodology used for the research was qualitative and quantitative, because it presents a first part with the description of the most relevant aspects of the subject and it is also quantitative because it contains field research for the collection of statistical data and information. relevant that contributes to the development and fulfillment of the objectives set within the investigative workItem Los medios alternativos de solución de conflictos y la celeridad procesal en materia civil en el cantón Ambato en el 2022(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-12) Chavez Calvopiña, Lisandro Fabio; Montero Solano, Juan PabloThe present research work that had as its theme "The alternative means of conflict solution and the procedural celerity in civil matters in the canton Ambato in 2022", has allowed to study in a broad way, which is mediation and arbitration as alternative means of conflict resolution in civil lawsuits, the same as being processes of great recurrence of cases, since the majority of people have problems of this nature, it is an effective way to make these processes faster and more efficient, for which this project focuses on finding the relationship between these alternative means of conflict resolution and procedural speed within civil matters in the Ambato canton, by understanding this main dynamic it was possible to determine that mediation and arbitration are useful to make the judicial system in civil matters decongest in a radical way; and through the surveys carried out, the possible problems that prevent this from happening were identified because in some cases the judges request that there be an acknowledgment of the signature and initials of the parties when it has already been done and they have appeared within the mediation centers to reach an agreement, also understanding that the issue of time is something fundamental for the exercise of justiceItem La Mediación como Mecanismo de Solución de Conflictos en Tiempos de Crisis y Conmoción Social(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Calucho Aguilar, Emily Lizeth; Jordán Buenaño, Jeanette ElizabethThe study was born due to the lack of mediation that will affect Ecuador during the crisis and social commotion due to indigenous mobilizations, being essential to verify the importance of this conflict resolution mechanism. A qualitative approach was produced through documentary research, where verifiable information with characteristics of the problem was collected through interviews, which led to knowing the root of the problem. Through the results obtained through the interviews, it was possible to understand the real issue behind the indigenous mobilizations and the lack of dialogue on the part of the government. Finally, it was concluded that mediation is a necessary mechanism for the benefit of both parties because it is essential that there is communication to achieve improved agreements within society