Alternative Conflict Resolution Methods In Ecuador

Alternative conflict resolution methods in Ecuador

Since the beginning of man in social relations there has been the conflict according to Robbins and Judge (2013) states that it is “a process that begins when one of the parties perceives that another of the parties affects or is about to negatively affect something negativelythat the first is interested ". 

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Then conflicts are part of human nature since when they do not agree or satisfied with something like religion, customs, traditions, there is a dispute that society resolves and have applied various methods, I have to mention that conflicts have not beencompletely negative for the evolution of society since thanks to them creativity, change and knowledge originated.

In the evolution of society to solve problems or conflicts, the primitive man was solved.And the patriarch existed later the right was positive and the king appeared delegating other men to litigate, thus developed a legal system structure.

Miranzo de Mateo (2010) establishes that evolution occurred in:

An initial first moment in which we found in the cultures the figure of a third party with recognized authority to resolve conflicts between individuals, a second moment in which there were different forums to go asking for justice, and a third in which theInstitutionalized Judicial Power. (Who are we, where are we going … origin and evolution of the concept mediation p.9)

The law has always existed and in one way or another in historical evolution the ancestors resolved the problems about interpersonal relationships, but these become more complicated with passing time and written law arose to solve those most complex events because the populationIt accumulated

Casado (2009) states that law is “set of norms of human conduct, established by the State, with a mandatory nature and in accordance with justice.”(P.270)

Then the law is a set of coercible norms by which a social coexistence is governed and that structures the Ecuadorian legal system, as well as the criteria to properly resolve the conflicts that arise in our society, therefore, the law was born forConflict resolution.

For each conflict there are several alternative solution methods. The method consists of several strategies to reach the cusp, objective or goal. For the classification of alternative conflict resolution methods we will point out: self-supply, heterocompositions, self-compositions.

Márquez (2004) indicates that “self-protection or self-defense consists of imposing its own claim to the detriment of foreign interest.”(P.56)

self-protect leads to the imposition before the mutual agreement could be said that the opposite part is dominated to remedy the difficulty.

Contreras, Peña and Gallardo (2005) point out “The use of heterocompositional forms for conflict resolution are a constant throughout the history of humanity. They are the main instrument to seek harmonic coexistence and internal and international peace.”(P.99) In this method an impartial third party decides and makes decisions by the procedural parties in cases of judgment, arbitration and conciliation.

self-composition according to Belloso (2006) indicates that “they are characterized because they are the parties, assisted, helped or motivated or not by a third party, which star in the agreement. Do not submit to a third party so that it resolves but it is the parts themselves that determine.”(P.54)

In this case, the conflicts are resolved by the parties, but with the collaboration of third parties with different possibilities to solve them quickly and effectively facilitating the process, in this procedure, mediation, negotiation, facilitation, facilitation is applied.

I believe that negotiation is a profitable technique but is not in the Ecuadorian legislation system.

Rodríguez and Ramos (1988) establishes that “negotiation is a specific and fine aspect of human relations. It is an activity that requires skill, empathy, prudence, patience and awareness of values.”(P.two)

The negotiation seems to me a good strategy for the solution because in this there are very important factors such as the communication and tolerance of the people who are in the conflict satisfying their interests and needs. Before the grandparents solved in this way their problems pity that now this method is not carried out.

The methods applied in Ecuadorian legislation are mediation and arbitration

In article 1 of the Arbitration and Mediation Law (2006), it states that: The arbitration system is an alternative mechanism for conflict resolution to which the parties can submit from mutual agreement, the controversies susceptible to transaction, existing or future so that they areresolved by the courts of arbitration administered or by independent referees that are formed to know these controversies.

Cabanellas (1993) says that it is “the action or power to arbitrate and arbitral trial. Any decision issued by a third party, with authority for this, in a matter or a matter.”(P.28)

This method of conflict resolution is resolved by a third since it knows, understands and decides on the process that the referee is carried out dictates precautionary measures and makes the parties sign an agreement that has the same effects as a judicial sentence so thatcontroversies are resolved.

According to Chimpén and Sacred (2011), they express that “mediation is a process, not a magical formula for the solution of the conflict, where the mediator would be the driver of said process, but in no case the solution or protagonist of the same.”(P.12)

Peña (2014) says that “mediation is an assisted negotiation system through which the parties involved in a conflict try to solve it by themselves, acting the mediator as a driver in the sessions helping the parties to find a satisfactory solution forboth.”(P.eleven)

In article 43 of the Arbitration and Mediation Law (2006) it says “It is a conflict resolution procedure by which the parties, assisted by a neutral third party called mediator, seek a voluntary agreement, to be seen on transigible matter, of characterextrajudicial and definitive, to put an end to the conflict."

The best alternative of M.A.S.C. From my point of view it is mediation consists in diagnosing all the information of the parties to discover the shortcomings of the conflict and highlight the advantages of the conflict so that there is an agreement, the mediator is a neutral and impartial person, an expert in the field, thisMethod is aligero and satisfactory for the parties, it is a very good strategy for the parties to have a peaceful resolution.

conclusion

While it is true, the conflict has generated discords and confrontations since the primitive time being part of a conception of the social reality of the time, and the law could be created, innovating and changing strategies for success in problems society and thusThe good social coexistence that structures the Ecuadorian legal system. Alternative methods arose that are forms or ways to fix conflicts such as self-tummy, heterocompositive and self-positive.

I consider that self-montela was a method in which only the inconvenience of a part through violence was resolved and this was not in a judicial process but now through the laws very important cases are resolved such as the legitimate defense and therapeutic abortion, among others.

In the heterocompositive the problems are solved in a more appropriate way because it occurs through the judicial means and reaches the operation if a part requests it, of course the parties do not make the decisions of the case, but a third as a judgeor referee.

The self-conspositive method I think is the best because the parties themselves will resolve their discords, but with the collaboration of third parties with different possibilities to solve them in a peaceful and agile way. Alternative methods to solve conflicts in Ecuador are arbitration (heterocompositive) and negotiation (self-positive).

In arbitration the responsibility of administering justice is from the State and since the people who can be referees are not a lawyer, they did not study the in -depth laws so they are not completely knowledgeable so that they can exercise this very important dignity it seems to me that the connoisseurs of lawsAs the lawyers will reach an agreement taking into account the precautionary measures for the parties.

Mediation is an excellent opportunity to not complicate with cumbersLaw we can change the conception of justice in Ecuador that many times society blamed the lawyer for the delay being badly seen.

References

1. Stephen p. Robbins and Timothy a. Judge (2013). Organizational behavior. (15th edition). Mexico: Pearson.
2. Barrientos José (2010). Conflict resolution from applied philosophy and from mediation. Spain: Vision Books.
3. Miranzo de Mateo Santiago (2010). Who are we, where are we going … origin and evolution of the mediation concept. Spain: Recovered Mediation Magazine from https: // revistancemediacion.com/wp-counterant/uploads/2013/06/magazine-mediacion-05-03.PDF
4. Casado María (2009). Legal Dictionary. (6.ª ed.). Florida: Valletta Editions.
5. Márquez María (2004). Mediation and administration of justice: towards the consolidation of participatory justice. Mexico: Autonomous University of Aguascalientes.
6. Contreras Ramiro, Peña Francisco, Gallardo Ruth (2005). Judicial reform and alternatives for the administration of justice in Mexico. Mexico: University of Guadalajara.
7. Belloso Nuria (2006). Mediation Studies: The Family Mediation Law of Castilla y León. Spain: Family Counseling and Equal Opportunities.
8. Chimpén Carlos and Sacred María (2011). Mediation: the search for the alternative path. Argentina: Adventist University of Plata.
9. Peña María (2014). Mediation’s mediation, capacity and skills process. Madrid: Dykinson.
10. Rodríguez Mauro and Ramos José (1988). Negotiation techniques. Mexico: McGraw-Hill Inter-American.
11. Cabanellas Guillermo (1993). Elemental Legal Dictionary. (eleven.ª ed.). Argentina: Heliasta S.R.L.
12. Arbitration and Mediation Law (2006).