Nullity of harmful mediation minutes in contractual cases, in the face of legal security in Ecuador

Abstract

This research addresses the issue of the nullity of mediation acts that are detrimental to contracts, in relation to legal certainty in Ecuador. Mediation is presented as an alternative method for resolving disputes, with agreements having the same legal force as a final judgment. However, when such agreements negatively affect one of the parties, adequate legal mechanisms are necessary to protect their rights. The main purpose of this study is to examine the aspects related to the nullity of mediation acts that generate detrimental effects in contracts and to propose a more efficient procedure that guarantees legal certainty in the country. To achieve this objective, a comprehensive documentary analysis was conducted, reviewing current legislation, legal doctrines, and applicable jurisprudence.
The main findings reveal that, although mediation acts are enforceable, nullity can only be managed through ordinary civil proceedings, which are slow and expensive. This creates a gap in the effective protection of the affected parties and can compromise trust in the mediation mechanism. Therefore, it is concluded that legal certainty is strengthened when the possibility of nullifying agreements that are flawed is guaranteed, without jeopardizing the validity of the mediation process. Consequently, it is recommended that a specific judicial action be established for the nullification of mediation agreements that is swift, accessible, and effective, as well as that ongoing training be promoted for mediators and legal practitioners to ensure adequate protection of the rights of those involved.