Mediation in the Public Sector [English]

In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach binding agreements that would resolve their disputes. Nonetheless, Ecuador is an exception. As a result of the enactment of the Arbitration and Mediation Law, there has been a significant development of mediation in which a public entity intervenes. Two ingredients have combined to make this development happen. On the one hand, there are regulations that allow and guide the State to solve disputes through mediation, and on the other hand, there are procedures that take into account the nuances of having public officials sitting at the negotiation table, based on the principles of mediation confidentiality and legality of public law. Full Article Below: