Jurisprudencia y Ciencias Sociales

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Start date: 2022Subject: search.filters.subject.SOLUCIÓN DE CONFLICTOS

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    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 Elizabeth
    Mediation 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.
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    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 Elizabeth
    The 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
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    La práctica procesal civil en la sustanciación de la cláusula de métodos alternativos a la solución de conflictos
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-01) Erazo Rey, Rodrigo Israel; Montero Solano, Juan Pablo
    The Constitution of the Republic of Ecuador has established alternative methods for conflict resolution as application procedures subject to the law; in matters in which by its nature it can be compromised. With the issuance of the General Organic Code of Processes, it was intended to update and modernize the Procedural Law. Specifically within the substantiation of the previous exceptions, Art. 153, has as a tenth exception the existence of an agreement, arbitration agreement or mediation agreement. Agreed freely and voluntarily by the contracting parties whose purpose is that the alternative methods to the solution of the conflict are the competent ones to know and resolve the case. On the other hand, the Arts. 7 and 8 of the Arbitration and Mediation Law legislated a process to be followed, in the case of presenting a lawsuit with an arbitration or mediation clause to the judge. For which, practical cases have been analyzed, both with the code of civil procedure and the current one, in order to determine what is the way to resolve the controversy around the clause of alternative methods to conflict resolution that guarantees guardianship. effective judicial process and due process.
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    El impacto de la mediación escolar en las instituciones educativas como medida de fomento de paz y dialogo en las sociedades futuras
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Durand Espinosa, Roxana Mishell; Jordán Buenaño, Jeanette Elizabeth
    This degree work with the theme: "THE IMPACT OF SCHOOL MEDIATION IN EDUCATIONAL INSTITUTIONS AS A MEASURE TO PROMOTE PEACE AND DIALOGUE IN FUTURE SOCIETIES", is framed in the field of Mediation and its focus on school education, as a measure to seek a culture of peace in future societies from an early age. It is a comprehensive research project where law, school mediation and psychology are combined, in order to demonstrate the importance and significance of the incorporation of School Mediation within educational institutions in the country. Teaching children from an early age can break stereotypes, old thinking, modernize cultures, and encourage the use of alternative conflict resolution techniques for future societies. Children and adolescents are the future of tomorrow and that is where we must start working, only in this way will we achieve positive changes in the future, breaking past mentalities. The research project is aimed at preventing conflict in educational units in the province of Tungurahua, both public and private. In addition, an analysis of emotional intelligence is presented, an analysis of how human beings react to different situations where our brain sends an alert to the body in order to react or have a negative or positive result in the face of a conflict. The culture of peace is one of the purposes that the government has raised through the Constitution of Ecuador of 2008 in its article 3 within the primary duties of the State specifically in its numeral “8. Guarantee its inhabitants the right to a culture of peace (…) ”, which is why the culture of peace is constituted as a right in Ecuador. (Constitution of the Republic of Ecuador, 2008). Children and adolescents are able to learn alternative conflict resolution techniques from an early age, as is done in other countries such as Latin America and Europe.
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    Análisis de los códigos de convivencia y su eficacia como herramienta para la solución de conflictos en la mediación escolar
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Almendariz Santamaria, Johana Alexandra; Jordán Buenaño, Jeanette Elizabeth
    Educational institutions have the obligation and responsibility to create rules to regulate the way of solving conflicts between all their members, to encourage a peace culture that promotes adequate stability and optimally guarantees the education right; consequently, educational institutions must consecrate a code of coexistence that allows solving internal conflicts and maintaining a harmonious environment. Although educational institutions establish coexistence codes, the importance of doing this research lies on identifying how effective they are when it comes to solving conflicts, and from there arises the need of knowing how these rules are applied for the solution problems, if its regulations are made according to school needs or if its content recognizes school mediation. The applied methodology is documentary and field research through surveys carried out with students from eighth to third level of high school; therefore, the research line of the present work is social, democratic and educational strengthening. Finally, it is concluded that the students have knowledge about school mediation and recognize that it is executed as an alternative method of conflict resolution in some educational institutions; However, when it comes to the analysis of the coexistence codes, it is verified that in some codes school mediation is not determined, which generates a legal void and that could also cause inconveniences when mediation is applied to solve school conflicts.