La práctica procesal civil en la sustanciación de la cláusula de métodos alternativos a la solución de conflictos

Abstract

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.