The project is divided into four chapters. It starts with the study of contracts, then the consumer as a new contractual party, analysing also the transformation of the procedural system taking into account voluntary jurisdiction procedures and, at last, tackling Mediation as a proceeding that is being empowered as a fast, economical and effective settlement to the conflicts arising from different relationships, including the contractual one.
29 october 2019
Title: The conflicts in the contractual relationships in Ecuador and the plurality of means to manage and solve them. From Jurisdiction to Mediation.
Author: Lili Vergara Villacís
The research focuses on the evolution of the process of administration of justice due to many factors, such as the influence of the Anglo-Saxon model and the unstoppable increase in conflicts in court house, which led to a new standpoint with the use of means that have been considered as alternative to the state procedural system.
The increasing levels of conflict related to contracts in Ecuador led us to consider the need of assessing the significance that the alternative and complementary means of solution of conflicts could have in the search of a solution or the management of conflicts that may result.
In summary, in search of a solution to the conflict, the parties have 3 options:
- To do nothing
- To choose to sue in the national courts
- To negotiate or to seek an alternative mechanism for the solution of the problem
Any of them is a valid option and its application will rely on the expected result.
One of the axes of the investigation has been the incorporation of consumer law, consumer contracts and especially the consumer, a new protagonist in the framework of contractual relationships, whose rights have historically been violated by being placed in a clear situation of inequality regarding the economy and its protagonists. Treating the consumer well will bring a better economy that contributes to the development of the country, will prevent abuses of power by the strongest, and would mean the first step towards the strengthening of consumer rights.
When a legal disagreement comes, people seek fast and effective results. For this reason, in order for ADR channels to meet this need, they must be led by professionals who have acquired skills in managing the conflict and conducting communication between the parties so that common understandings can be reached to the benefit of both parties.
In this evolution of the Ecuadorian legal system, not only in the area of substantive law but also in the area of the settlement of conflicts that may arise as a result of the increase in legal relationships, especially economic ones, we have observed the emergence, also in Ecuador, of new ways of considering and solving conflicts. In addition, we have observed that the great upcoming star in Ecuador has undoubtedly been the mediation, which is a procedure that empowers again the orderly and legal negotiation as the ideal way to solve conflicts, applicable to most matters and the results of which benefits those who practice it. In the contractual context, it is undoubtedly the perfect option for finding settlements to disputes arising from breach of contracts by restoring rights and enforcing obligations.
