The mediation like an alternative for the solution of enterprise conflicts in Chile. Reasons and mechanisms for his regulation

Abstract

This paper analyzes the characteristics of the mediation and the reasons behind the current tendency in comparative legal systems, which have incorporated it as a mechanism for solving commercial and civil disputes with an economic nature. It analyzed the current situation of commercial mediation in Chile, the constitutionality of their forced manifestation and the various mechanisms used in comparative law, to finally raise the desirability of an explicit provision of it, including ways to promote their use and to encourage the cooperation in good faith of the parties.