¿Los conflictos familiares pueden solucionarse a través del arbitraje?

Abstract

Family relationships governed by our positive legal system are increasingly becoming more complex, giving rise to conflicts that require an early solution as possible, especially because in these issues human problems underlies.The Peruvian Constitution recognizes, within the powers that govern the nation, the judiciary, as the manager to resolve conflicts and declaration of rights; however, there is not only the judicial process but, equally, it is contemplated in the Peruvian Constitution expeditious way to resolve differences which is called Arbitration.For family issues, you should keep in mind that family conflict emerged, this problem does not extend beyond the family, but in their environment a solution can be found, a role that should be fulfilled by the Family Council; however, this institution has been reduced at the point that its demise is imminent, as in other legislation.Family conflict can be seen by a specialist family conciliation center, where the role of the mediator is to join the parties in order to find the solution themselves, and if this is achieved, the compromise is approved to act judgment.However, family conflicts not always end in a settlement, so the parties would have no way to prosecute the problem, with all the damage that entails in terms of time and cost.Then, arbitration emerges as a form of dispute resolution in the idea of avoiding reach court, and here the parties agree to appoint arbitrators, so that in a more expeditious process of solution to the problem.But, the question arises whether all family law issues can become this way, or only some, or maybe none, while mostly unavailable family rights are fundamental to go to arbitration requirement.This work aims to absolve all these concerns.