Effectiveness of the enforcement of mediation agreements in alimony proceedings

Abstract

This article examines the need for a partial reform of Article 137 of the Organic General Code of Procedures (COGEP) to ensure the effective enforcement of mediation agreements and the application of personal coercion as a measure against noncompliance with child support obligations. The general objective is to demonstrate the necessity of implementing a reform that strengthens the enforceability of mediation agreements in matters of child support, safeguarding the best interests of the child and the rights of the parties involved. The study is based on the premise that the requirement of review hearings undermines the executive force of mediation agreements, causing procedural delays. Using a qualitative approach and applying analytical-synthetic, exegetical, and inductive methods, the current legal, doctrinal, and jurisprudential framework is reviewed. The findings reveal that the absence of clear regulation on personal coercion weakens the effectiveness of child support proceedings, prolongs situations of unjustified deprivation of liberty, and infringes upon the fundamental right to food. In conclusion, the reform of Article 137 of the COGEP is deemed essential to ensure a coherent and rights-based judicial response.