We would like to inform you of one of the main legal developments in judicial procedures in Spain, following the entry into force, as of April 3, 2025, of Organic Law 1/2025 of January 2, on measures to improve the efficiency of the Public Justice Service.
This law establishes the obligation to attempt an amicable resolution of the dispute before initiating any judicial action. This preliminary mediation/conciliation procedure is referred to as a MASC (“Medio Alternativo de Solución de Conflictos”) and becomes a mandatory prerequisite before resorting to the courts.
The purpose of the law is to promote MASC as a means to resolve disputes without judicial intervention, thereby reducing the burden on the courts, minimizing conflict, and ensuring the sustainability of the public justice system.
However, not all disputes are subject to this requirement. The law expressly excludes the following matters from the obligation to undergo MASC:
- Labor, insolvency, and criminal matters, as well as proceedings involving a public entity as one of the parties.
In civil proceedings, the following are excluded:
- Judicial protection of fundamental rights.
- Measures under Article 158 of the Civil Code.
- Judicial support measures for persons with disabilities.
- Matters of filiation, paternity, and maternity.
- Summary protection of possession or enjoyment of property or rights.
- Summary proceedings for demolition of buildings or structures in a state of ruin.
- Admission of minors with behavioural issues into protection centers, and enforcement of child protection measures involving entry into homes or other premises.
- Return of minors in cases of international abduction.
- Bill of exchange proceedings.
- Enforcement proceedings.
- Requests for precautionary measures prior to filing a claim.
- Requests for preliminary proceedings.
- Initiation of voluntary jurisdiction proceedings, except in cases of marital disagreement or administration of community property.
- Disagreements in the exercise of parental authority.
- European payment order requests and small claims procedures under Regulation (EC) No. 861/2007 of the European Parliament and Council of July 11, 2007.
It is important to note that, as of April 3, 2025, any lawsuit must be accompanied by documentation proving that an attempt at negotiation has been made. Failure to do so may result in the claim being declared inadmissible.
The law regulates several MASC mechanisms (Articles 14 and 15), including:
- Conciliation before a Notary.
- Conciliation before a Registrar.
- Conciliation before the Court Clerk (LAJ).
- Conciliation before a Justice of the Peace.
- Private conciliation: the claimant may request a technically or legally qualified person to conduct negotiations aimed at reaching a settlement.
- Confidential binding offer: any party making such an offer is bound by it upon express acceptance by the other party, which is irrevocable.
- Opinion of an independent expert.
- Collaborative law process.
Finally, the law sets specific timeframes between the negotiation attempt and the filing of the lawsuit. For instance, a claim may not be filed before 30 days have passed since a negotiation proposal was sent without response, or within three months of the first meeting if no agreement has been reached.
At this firm, we take pride in staying up to date with every legislative development, which enables us to provide our clients with comprehensive and high-quality legal advice in all types of proceedings, both judicial and extrajudicial.
