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Revista Universidad y Sociedad

On-line version ISSN 2218-3620

Abstract

SILVA IDROVO, Raúl Ruperto; PINO MORAN, Fanny Nefertiti  and  LOPEZ VERA, Franklin Raúl. Impact of mediation on the labor conflicts of MSME enterprises and their workers. Universidad y Sociedad [online]. 2020, vol.12, n.1, pp. 187-193.  Epub Feb 02, 2020. ISSN 2218-3620.

It is the legal professionals who must place their clients in the use of mediation in labor disputes; of course, this is voluntary, but requires prior approval from both parties, to end cases of litigation and it is not unknown that litigation is more profitable for the legal benefits of the lawyer. It is then, that the present investigation first sought the demonstration of benefit of mediation versus litigation in different investigations already carried out, in the mediation process in Ecuador, and in the case review it was found that the price of mediation is below half in terms of the money spent on the litigation and in relation to the benefit of the time saved as the first instance. Mediation, is in a one to three relationship compared to the months of frequent legal proceedings. The methodology through the correlational design helped to clarify the little use of the mediation procedure in MSMEs, since the decision making process is sensitive to the fact that clients are not advised in the use of this alternative mechanism to the solution of conflicts, given the level of little knowledge of the lawyer in mediation.

Keywords : Mediation; Labor Conflicts; MSMEs; Workers; Equality.

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