Abstract

ESCOBAR GONZALES, Eugenio Javier et al. Constitutional viability of mediation in penal matters, perspective of students of seventh semester of UNIANDES. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 396-406.  Epub Dec 10, 2023. ISSN 2218-3620.

This investigation carries out an analysis of its origin and characteristics of the alternative means for conflict resolution, its application in criminal matters, studying the mandate and effect with the maintenance of the constitution. An in-depth study was carried out on the procedure and procedure that is given in criminal matters compared to the Constitution of the Republic of Ecuador, and the Arbitration and Mediation Law. Finally, based on the analysis carried out, it is proposed that criminal acts be susceptible in the first instance to the Arbitration and Mediation process through the mediation centers affected by the Judicial Council, Mediation as an alternative method for conflict management is a non-adversarial form whose objective is to seek, and facilitate communication between the parties through the intervention of an impartial, qualified and qualified third party, mediator, with a view to achieving an agreement from the parties, that ends the conflict or controversy.

Keywords : Conflict resolution; Adversary; Interveners; Involved.