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 societyItem Los procedimientos para la solución de los conflictos vecinales en las parroquias rurales del cantón Ambato(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Lescano Feijoo, Ruth Priscila; Vayas Castro, Guillermo SantiagoConflicts are a situation that will always remain latent in society, as it is necessary to implement procedures to solve those inconveniences, based on this in Ecuador alternative procedures have been established for conflict resolution, this has the objective of avoiding the collapse in ordinary justice and guarantee access to justice in a prompt manner and with less expenditure of resources. A great problem is, despite the existence of these alternative methods, they have not been used correctly, since there is still ignorance on the part of the population, especially in the inhabitants of rural parishes, as in this case is the approach, to make these mechanisms more effective, justice of the peace has been implemented within rural and urban marginal parishes, however, not all parishes have agreed to this, seeing the need to seek help from members of parish GADs or in the Political Tenure, these have been in charge of acting as informal mediators in order to promote harmony among the inhabitants. The theme belongs to the line of research; public policies, law and society, for which an analytical study is carried out, using qualitative and quantitative methodology, through primary and secondary sources such as interviews, surveys and information collected from reading, in this way the results are obtained. procedures maintained by rural parishes to solve the different neighborhood conflictsItem Mediación comunitaria como medida preventiva en los conflictos vecinales del cantón Ambato(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Luna Almeida, Sara Camila; Espín Meléndez, María CristinaThe Ecuador Constitution recognizes mediation as an alternative method of conflict resolution, which allows that, within the collective development of Ecuadorian society, it is applied a culture of peace, through mediation in the different conflicts that arise in the country. Community mediation is directly related to neighborhood conflicts that occur in the parishes of Ambato, which currently, reflects a number of problems between neighbors, generating a social and community welfare imbalance, therefore, knowing the variety of conflicts that are generated in these areas, it is vital to ask for a community mediation as a preventive action that emphasizes a culture of peace. For this reason, the objective of this research is to determine the benefits that constitute the application of community mediation in the canton of Ambato, giving a positive response to the mechanisms of conflict resolution as a preventive solution against the problems that are generated in the parishes of Pinllo and Picaihua, avoiding that people go to ordinary justice and that they are considered an expense in resources and time of the Ecuadorian State. The methodological approach applied consists of a descriptive and explanatory study, which is immersed in the research line of exclusion and social integration; allowing to obtain a positive result and to know those benefits generated by the application of a community mediation as a preventive solution for conflicts.Item Conflictos vecinales: fomento de una cultura de paz en las parroquias rurales del cantón Ambato(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Landa Chancusig, Sharon Vanessa; Masabanda Analuiza, Galo IvánThe Constitution of the Republic of Ecuador (2008), guarantees without any type of distinction the full enjoyment and enjoyment of the rights enshrined in the Magna Carta, being so, in the article. 3 numeral 8 mention is made that the State will do everything possible to live in harmony and develop in a culture of peace; in the same way enshrined in the Universal Declaration of Human Rights article 1, referring to the fact that everyone in society must fraternize to live in dignity and rights. To the aforementioned, it is essential to identify if in the rural parishes of the Ambato Canton there are neighborhood conflicts, information that will be collected through the different techniques and data collection tools exposed in this investigation and detect what are the types of conflicts to decipher what they are. resolved or by what methods or legal regulations. And if at the same time its inhabitants make use of mediation to solve them. Knowing that maintaining peace is synonymous with rejecting any conflict or whatever derives from it, that is, using the Organic Comprehensive Criminal Code and legal channels as little as possible, in exchange for community mediation to create ties of brotherhood between inhabitants and parish councils; consecrated and recognized as alternative means of conflict resolution to arbitration and mediation article 190 of the Magna Carta (2008). It is known that in different parishes and communities they maintain their different ways of resolving conflicts: some rudimentary, others not rudimentary and in some cases that are directly attached to the legal system in order not to violate fundamental rights, which does not mean that other faster and more efficient measures cannot be adoptedItem La conciliación extrajudicial y el interés superior del niño en la Unidad judicial especializada de la familia, mujer, niñez y adolescencia del Cantón Latacunga Provincia de Cotopaxi(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Torres Lozada, Carlos Daniel; Cortés Naranjo, Edwin WilfridoThe present investigation has as its theme: "The Extrajudicial Conciliation and the Higher Interest of the Child in the Specialized Judicial Unit of the Family, Woman, Childhood and Adolescence of the Canton of Latacunga, Province of Cotopaxi", the same that is the starting point of the present work. Extrajudicial conciliation is an alternative mechanism aimed at resolving conflicts through mediation or jointly or without the need to initiate a trial; which allows the parties involved to reach an agreement voluntarily, which satisfies their interests, according to the principle of the best interests of the child. This work is the result of a systematic study of one of the problems that affect our society every day due to the non-submission to the mediation centers of the causes of food, this is the problem that the actors of the pension rights trial food needs to pass until the judge sets a definitive alimony, a fact generated by the ignorance of alternative methods of conflict resolution of the population and because our society does not have a culture of submitting to mediation. Over the years, the law has always sought a balanced, fair and effective settlement that the parties agree on a voluntary basis without violating the right of the fed; reason why the figure of the extrajudicial conciliation is created through the mediation that agrees not only to a party but to all the involved parties and in this way to have a much more agile justice, that there is no accumulation of processes in what it refers to alimony.