Obligatory prejudicial mediation of the civil procedure and access to justice in the province of La Rioja.

Abstract

We analyze the institute of obligatory prejudicial mediation of the Civil Procedure as a human right and warrant of access to justice in the Province of La Rioja. Our hypothesis is that the obligatory prejudicial mediation in the civil procedure strengthens the culture of peace and access to justice through the methods of alternative dispute resolutions, decreasing the civil litigation rate. Our general aim is to establish procedural bases of the methods of alternative dispute resolutions, specifically mediation to implement obligatory prejudicial mediation according to warrants of access to justice, due process of law and defense on trial in Province of La Rioja. We study comparative law of foreign states and cultural perspective for provinces alike of Argentina. We study jurisprudence about constitutionality of obligatory prejudicial mediation. Finally, we present our conclusions and a project of law as a proposal to implement obligatory prejudicial mediation in the Province of La Rioja.