Abstract

The main objective of this research is to examine mediation as a restorative justice mechanism in Ecuador. The approach used is qualitative, with an inductive logic to collect information through documentary analysis of various bibliographic sources. The goal is to determine the foundations, as well as the benefits and limitations of restorative justice, conceptualize mediation to identify it as a restorative justice mechanism, and examine its status in Ecuador. The investigation allows us to conclude that there is very little use of mediation as a restorative justice mechanism in Ecuador. This is due to confusion surrounding the question of how to use mediation to resolve conflicts caused by the commission of crimes within the framework of the norms provided in the COIP. Additionally, there are inaccuracies due to the confusion made by resolution No.327-2014 of the Council of the Judiciary between mediation and conciliation. This is in violation of the COIP, as well as to what is established in the Regulations to the Arbitration and Mediation Law.

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