Reconocimiento de la mediación electrónica en el Ecuador

Abstract

Globalization as a phenomenon has had a favourable impact on many sectors and actors globally, the trend of which is marked by advances in new information and communications technologies in many areas, where IT law has in this particular case on the recognition of electronic mediation in Ecuador, as an initiative to make the adaptations, adaptations and other aspects necessary in the legislation to incorporate digital tools such as a alternative to the resolution of conflicts of various kinds. The main objective of the research was to regulate the use of computer mediation in Ecuadorian legislation, and within the specific ones: to define electronic mediation in a broad theoretical context covering application and results; analyze the opinion of qualified informants in mediation regarding the recognition of electronic mediation in Ecuador, finally to make possible reform of the Law on Arbitration and Mediation for the regulation of electronic mediation. The study was approached from the current of the positivist paradigm, with a quantitative approach, framed from the methodological perspective in a projective type research, supported by a fieldwork with descriptive level. The population consisted of (10) subjects to which a multi choice (polyconomic) questionnaire was provided as a tool for gathering information. The results showed that there is a willingness for an agreement in Ecuador to be carried out in Ecuador, with the aim of adding the electronic mediation component as a factor in modernizing and strengthening the process, but it must ensure the technological infrastructure in the mediation centres for the security, authenticity and integrity of the information, as well as, comply with the principle of confidentiality. A reform of the legal instrument was proposed.