Divorce by Mutual Consent

Is the Mediation the Ideal Mechanism?

Abstract

During the last decades, the number of divorces in Ecuador has increased significantly. This social phenomenon has caused the judicial system to become overloaded with family processes. Facing with this problem, the Ecuadorian lawgiver regulated the possibility that mutual consent divorce can be processed through a notary, de- judicializing the divorce in order to streamline the process and decongest the judicial system. However, access to divorce proceedings by notarial generates an economic expense which is often unattainable for many Ecuadorian families, which could be a violation of free access to justice right and rights of all those who are involved in the divorce process. This work seeks to demonstrate how mediation, due to its doctrinal characteristics and those established in the Ecuadorian legal could be an ideal mechanism to guarantee the access to justice for all people.