The legal nature of the mediation act: impact on legal certainty and its execution

Abstract

This article collects the main elements and attributes that contextualize the object of research and critically develops the diagnosis of the application of the mediation act, as well as its execution in practice, in such a way that the advantages and disadvantages that currently exist regarding the mediation act and the right to legal certainty, considering that it is a fundamental right recognized in the Constitution of the Republic, and that requires to be guaranteed in the mediation process. This study was developed under the qualitative approach, processing the necessary information regarding the topic under investigation. The result and conclusion is that the mediation record presents structural ambiguities that may compromise its effectiveness in practice. The absence of clear regulation and defined essential requirements for its preparation makes it difficult for the commitments assumed by the parties to be fully enforceable. The lack of precision in the wording of the obligations can generate uncertainty and, consequently, affect citizens' confidence in this mechanism; since, in the event of non-compliance, these become unenforceable. Clearly violating the right to legal certainty, and therefore limiting the rights implicit in the obligations contained in this act.