Legal study on the relevance of mediation in the challenge of wills as executory instruments.

  • Marcelo Raúl Dávila Castillo Universidad Regional Autónoma de Los Andes
  • Carmen Marina Méndez Cabrita Universidad Regional Autónoma de Los Andes
  • Jessica Johanna Santander Moreno Universidad Regional Autónoma de Los Andes
Keywords: legal aspects, mediation, litigation, judicial, mediators

Abstract

The article examines conflicts in contesting wills and highlights mediation as an effective alternative method to resolve them. It identifies challenges such as interpreting testamentary clauses and managing intense emotions, as well as complicated legal i ssues such as ambiguity in testamentary provisions and the capacity of the testator. Through interviews with lawyers and a bibliographic review, the importance of a culture of peaceful conflict resolution in Ecuador and the need to strengthen the legal framework and mediation training are emphasized. The study concludes that mediation is an effective means of resolving testamentary disputes and promotes more accessible and equitable justice

Published
2024-09-01