The Role of Emotions in Mediation: A Legal and Neuroscientific Analysis of Their Impact on the Effectiveness of the Process

Abstract

This article analyzes the influence of emotions in mediation processes from an interdisciplinary perspective that integrates law, neuroscience, and conflict psychology. It examines the Ecuadorian legal framework, identifying normative gaps in the emotional management of alternative dispute resolution mechanisms. Additionally, it explores scientific contributions on the role of emotions in decision-making, proposing guidelines for emotionally competent mediation. Through a qualitative and hermeneutic approach, the study highlights the urgent need for regulatory and training reforms that strengthen the profile of an empathetic mediator capable of managing emotions in complex contexts. The proposal is framed within a vision of emotionally informed restorative justice as a pathway to achieving sustainable and humanized agreements in Ecuador.