La eficacia de los MASC como presupuesto de su eficiencia en la gestión de conflictos derivados de incumplimientos contractuales

Abstract

The challenges that today's society must face, particularly in contexts of crisis and uncertainty such as those that have emerged in this third decade of the century, in which conflict grows and diversifies, force us to articulate strategies that allow us to confront this complex reality. The adequate management of the high number of conflicts caused by the vulnerability that arises from the crisis must be a priority objective, and its achievement involves addressing important legal reforms, particularly of a procedural nature, that make possible the transformation of the civil and commercial justice model, which benefits the effective protection of the rights of people and companies, meaning prompt and quality protection. To this end, it is urgent to incorporate, together with the judicial process, instruments and methods that allow the self-composition of conflicts that arise between individual persons, legal entities, or between the two; instruments equipped with a solid, coherent, effective and efficient regulation, which makes them valid procedural tools to offer solutions in the present and in the future. The following pages contain the analysis and critical assesement of possible tools to be articulated, particular in the framework of contractual breaches due to extraordinary causes, together with the proposal of procedural solutions that, at the same time, contribute to an improvement in the response to this type of conflict, serve to mitigate the difficulty in wich the current civil process is being debated.