Analysis of the participation of minors in mediation processes in family conflicts

Abstract

Introduction: The participation of children and adolescents in family mediation in family conflicts is given priority, since their contribution guarantees their right to be heard, making them participate in matters that affect them, and express their emotions, feelings, and desires at the time of their intervention. Objectives: Distinguish mediation from other alternative methods of conflict resolution. Investigate the various theories on the basis of which the need for the participation of children and adolescents in family conflicts is established, in order to ensure the protection of their rights in accordance with the principle of the children and adolescents in mediation processes in family conflicts is viable. Methodology: This article presents a descriptive documentary review on the importance of the participation of minors in family mediation processes, respecting their right to be heard, effectively and correctly asserting the principle of the best interests of the child in order to safeguard their interests and respect their rights. This work defends the importance of the contribution of minors in these matters and argues that mediation is the way to be adopted for the peaceful solution of disputes of this nature. Results: The participation of minors must be implemented in a mandatory manner in family mediation in order to have a real contribution from minors, training mediators so that they can correctly guide the process by correctly and effectively asserting the principle of the best interests of the child. Conclusion: Family mediation in Ecuador does not have mediators properly trained for the case as in other countries such as Spain, México and Chiles, these countries have mediators trained to guide the process correctly with the intervention of minors, therefore, in Ecuador, in the absence of training, the rights of children and adolescents are often violated, thus reaching erroneous agreements.