Abstract

PUMASHUNTA-GUISHA, Victor Hugo; CORNEJO-AGUIAR, José Sebastián  and  PROANO-REYES, Gladis Margot. Violation of the security principle in mediation proceedings in alimony cases in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.2017-2029.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.576.

Mediation originated in China, Japan, and Africa, where it was used to resolve conflicts with the intervention of a neutral third party. Mediation appeared in Ecuador in 1997 with the creation of the Arbitration and Mediation Law. Article 190 of the Constitution of the Republic of Ecuador recognizes alternative methods of conflict resolution, including arbitration and conciliation. This legal institution seeks to resolve conflicts quickly under the principles of confidentiality, voluntariness, and impartiality. The study is based on a qualitative paradigm framed at the descriptive level with a cross-sectional observational, prospective, and descriptive approach. The results indicate that the broad interpretation of Article 47 of the Arbitration and Mediation Law is erroneous in that it distorts the meaning of the word “revision” by modifying it, thus violating the principle of legal certainty. It is concluded that this article should be amended to ensure regulatory consistency.

Keywords : Mediation infringement; food records; legal certainty..

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