La mediación, ¿alternativa o exigencia legal necesaria para la recuperación de carteras por instituciones financieras?

Abstract

This article proposes the regulatory inclusion of mediation in the enforcement procedure provided for in the COGEP (General Organic Code of Procedures) as an alternative means of conflict resolution, as a prerequisite to filing a lawsuit, in order to facilitate the effective collection by financial institutions of the amounts owed. To achieve this, a qualitative methodological approach is used, utilizing analytical-synthetic, exegetical, and inductive methods. The article proposes the regulatory inclusion of mediation in the enforcement procedure provided for in the General Organic Code of Procedures as an alternative means of conflict resolution, as a prerequisite to filing a lawsuit, in order to facilitate the effective collection by financial institutions of the amounts owed. The results indicate that mediation, by reducing time and costs, can be a viable and effective alternative for debt collection compared to traditional judicial methods. The inclusion of mediation as a pre-trial phase optimizes the portfolio recovery system in Ecuador, providing a more agile and less costly approach for financial institutions.