Mediation the key to solving conflicts peacefully

Abstract

Mediation historically existed in daily practice, it was basically based on different ancestral cultures (customary law), societies such as ancient Rome, the Greeks among other countries were established, in ancient Rome the Magistrates solved problems generated between the State and society, as well as in Greece they solved disputes with civil and commercial ones,  in the face of problems and the need to reach agreements; Nowadays, mediation has gained notoriety, since technology and innovation have been unified, allowing online mediations to be carried out, anywhere, resolving a conflict, saving time and money; why not say it helps to decongest the processes in the ordinary justice. The objective of this article is to exhaustively analyze mediation the key to solving conflicts peacefully, its effectiveness and socio-legal scope, to achieve an effective management in society, the methodology of the research, was carried out from bibliographic and/or documentary sources, through the review of bibliographic material, based on the doctrine, of books, jurisprudence, journals, articles and laws, corroborated with the inductive-deductive and analytical methods, which allowed us to conclude that mediation is an effective procedure for peaceful solution, where the parties assisted by a neutral third party called a mediator seek a voluntary agreement, as typified in Article 43 of the Arbitration and Mediation Law, in accordance with Article 190 of the Constitution of the Republic of Ecuador, however, it should also be mentioned that the mediation resolution has the effect of an enforceable judgment and res judicata.