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Revista Universidad y Sociedad
versión On-line ISSN 2218-3620
Resumen
CORDOVA MENDOZA, Karen Tatiana; OCHOA ESPINOZA, Amanda Magdaly y DURAN OCAMPO, Armando Rogelio. Some considerations on mediation and arbitration. Universidad y Sociedad [online]. 2019, vol.11, n.4, pp. 287-295. Epub 03-Sep-2019. ISSN 2218-3620.
This work is focused on a descriptive investigation of a bibliographical review type that was carried out with the objective of showing some considerations about mediation and arbitration; the methodological strategy was systematized through general research methods such as the historical-logical, the hermeneutic, the documentary analysis and the synthetic-analytical; as well as the use of content analysis technique. The location of the bibliography was made through the Google search engine, different specialized sites were consulted, as well as books, journal articles, professional websites and blogs dedicated to the subject. The selection of references was made taking into account the current and scientific rigor in the treatment of the subject in question. The obtained findings show that these alternative methods of resolution of national and international conflicts and controversies are guaranteed by the Constitution of the Republic and there is a strengthened legislative system that regulates its procedure and execution. Currently, there are many international bodies that resort to them for short periods, guarantee of legal security and impartiality of the arbitral tribunal or mediator. There are some shortcomings that must be taken into consideration among them: insecurity in the confidentiality of information when transferred by telematic means and existence of arbitration agreements, in commercial contracts, truly pathological. Although these alternative procedures remain essential in the business world.
Palabras clave : Mediation; arbitration; international; conflict resolution.