Abstract

FAGGIOLI, Alizia Agnelli  and  MATOS DE NOUEL, Ibely Ana. Formalities needed from the mediation act as an instrument of peace culture, applying logic of deductive reasoning. rev.ces derecho [online]. 2020, vol.11, n.1, pp.104-116. ISSN 2145-7719.  https://doi.org/10.21615/cesder.11.1.5.

The present study is the result of an analysis that aimed to determine whether, as a consequence of the application of a deductive syllogism, it is necessary that the mediation act meet the same requirements in the form of an enforceable judgment to have the same effects without contradicting the right to defense and due process. All this, by virtue of the fact that mediation processes strengthen a culture of peace and therefore, it is inevitable that the acts derived from this process have the force of enforceable judgment, but taking care that the rule of law is not an aggressor of the rights of any of the parties neither in the present nor in the future. This is a documentary research, with a qualitative approach and whose analytical method required observation, description, segmentation and criticality to reach its results. It was concluded that the arbitration and mediation law needs to be strengthened and extended in the sense that it is established that the mediation records meet the same formalities of the judgment executed in form and substance so that at the time of executing them, guardianship is guaranteed. Judicial effective strictly.

Keywords : syllogism; mediation Act; enforceable sentence; formalities; due process.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )