Analysis and legal effects of the formation of conciliation and arbitration courts in Ecuador

Abstract

Alternative means of conflict resolution constitute a more harmonious, faster and economical way to solve problems that arise within society. Within these means are the Conciliation and Arbitration Courts, whose composition, characteristics and powers are regulated at both the constitutional and infraconstitutional levels in Ecuador. In relation to the formation of these Courts, this article focuses attention, which constitutes an approach to it. To develop it, an analysis of the doctrine was carried out, in addition to the regulations and Ecuadorian jurisprudence, using various research methods, among which the documentary analysis, synthesis, induction and deduction, as well as the Legal hermeneutics and the exegetical method. From the analysis carried out, it was possible to corroborate that, although at a regulatory level its composition is strictly conceived, in practice deficiencies remain that limit its correct functioning. In relation to their legal effects, it was also evident that within them the effect of res judicata stands out, so it is not susceptible to appeal, becoming a decision that must be complied with by the parties.