The action to annul the mediation act in Ecuador

Abstract

The nullification of a mediation act significantly undermines the effective resolution of disputes through extrajudicial means. Therefore, it is imperative to ensure proper management and drafting of such records. In this context, the research question posed is: How does the nullification of a mediation act affect the effective resolution of disputes, and through which legal mechanism should an action for nullity be pursued?Mediation centers provide private parties with the opportunity to resolve disputes that are legally capable of settlement through agreements mutually constructed by the parties, which are then formalized in a mediation act. Such acts are not subject to appeal through ordinary (horizontal) or extraordinary (vertical) remedies. Consequently, strict adherence to due process and the observance of legal formalities in the issuance of these acts is essential. Failure to comply with such requirements may result in substantive or procedural defects that render the act null and void. Therefore, it is critical to analyze the following aspects:1.The potential legal consequences arising from the nullity of a mediation act; and 2.The procedural mechanism to be followed in the event nullity is alleged. This study employs a qualitative approach, using dogmatic and exegetical legal methods to examine the Ecuadorian legal framework, which establishes specific grounds upon which a mediation act may be declared null. A void mediation act may be challenged through a nullity action, thereby giving rise to a new legal dispute. This undermines the fundamental nature of mediation as an efficient and expeditious conflict resolution mechanism. The findings of this research determine the extent to which the nullification of a mediation act impacts the principles of procedural expediency (celerity) and legal certainty (legal security).