Mediation in Ecuador

Quick Facts

• Legal Framework: Mediation and arbitration in Ecuador follow the Arbitration and Mediation Law (AML), enacted in 1997, amended in 2015, and codified in 2006. The AML applies to both domestic and international arbitrat...
• Cultural Approach: Ecuadorian mediation culture emphasises voluntary agreements reached with the assistance of neutral third parties. The approach promotes fast, confidential, and fair solutions that have the same legal...
• Typical Costs: Specific fee structures for mediation in Ecuador are not detailed in available sources. The emphasis on mediation as a means to avoid lengthy and costly judicial proceedings suggests cost effectivenes...

Mediation Research

Legal Framework

Mediation and arbitration in Ecuador follow the Arbitration and Mediation Law (AML), enacted in 1997, amended in 2015, and codified in 2006. The AML applies to both domestic and international arbitration proceedings. On 26 August 2021, the Regulations to the Arbitration and Mediation Law (AML Regulations) were introduced to address vague provisions and align with certain aspects of the UNCITRAL Model Law, reinforcing party autonomy in arbitral proceedings. While the AML is inspired by the 1985 UNCITRAL Model Law, it also contains unique provisions including specific rules concerning the reconduction of arbitral proceedings. Arbitration is constitutionally recognised as an alternative method for dispute resolution (Article 190 of the Constitution), with arbitral awards being final and directly enforceable. Ecuador recognises principles of freedom of contract (Article 38 of the AML). Mediation is a conflict resolution procedure whereby parties, assisted by a neutral third party called a mediator, seek to reach a voluntary agreement on a negotiable matter, extrajudicially and definitively, to put an end to the dispute.

Court System

The Ecuadorian judiciary is generally familiar with and supportive of the law and practice of international arbitration. Arbitration is constitutionally recognised as an alternative dispute resolution method. The AML Regulations introduced in August 2021 have clarified procedural aspects that previously caused confusion and conflicting interpretations among arbitrators, counsel and judges. For mediation, the mediation record containing the agreement has the same legal effect as a final judgment and constitutes res judicata, meaning it is enforceable as a court ruling. If the agreement is partial, only the unresolved issues may be brought before a court. If no agreement is reached, a record of impossibility is signed to document the mediation attempt. This creates a formal connection between mediation outcomes and the court system. The Constitutional Court has played a role in arbitration policy, including authorising investor-State arbitration in 2026.

Mediator Regulations

Mediation may be requested before mediation centres or independent mediators legally authorised to operate. The written request must include the names and addresses of the involved parties, their contact information if available, and a description of the conflict to be resolved. Specific certification requirements for mediators are not detailed in available sources, but the requirement for mediators to be legally authorised suggests a regulatory framework exists. The AML Regulations introduced in 2021 have clarified procedural aspects of alternative dispute resolution. Professional law firms such as Quevedo & Ponce provide comprehensive legal advice for drafting, review, and enforcement of mediation agreements, ensuring compliance with principles of legality, fairness, and legal effectiveness. The Arbitration and Mediation Centre of the Ecuadorian-American Chamber of Commerce operates as an institutional provider of mediation services.

Cultural Approach

Ecuadorian mediation culture emphasises voluntary agreements reached with the assistance of neutral third parties. The approach promotes fast, confidential, and fair solutions that have the same legal validity as final judgments, fostering dialogue and a culture of peace. The legal framework recognises the value of alternative dispute resolution as a means to avoid lengthy and costly judicial proceedings. The constitutional recognition of arbitration as an alternative dispute resolution method reflects institutional acceptance of non-litigious approaches to conflict resolution. The policy shift demonstrated by Ecuador's rejoining of the ICSID Convention in 2021 and signing of new investment agreements indicates openness to international dispute resolution mechanisms. The presence of professional mediation centres and law firms specialising in ADR indicates growing acceptance and professionalization of mediation practices.

Typical Costs

Specific fee structures for mediation in Ecuador are not detailed in available sources. The emphasis on mediation as a means to avoid lengthy and costly judicial proceedings suggests cost effectiveness compared to litigation. Professional law firms provide legal advice for drafting, review, and enforcement of mediation agreements, which would involve professional fees. The Arbitration and Mediation Centre of the Ecuadorian-American Chamber of Commerce provides institutional mediation services, which would likely have fee structures. No specific hourly or daily rates are documented in available sources. The regulatory framework introduced in 2021 has clarified procedural aspects but specific cost provisions are not documented.

States and Regions