From 3 April 2025, Organic Law 1/2025 introduces a significant change in dispute resolution in Spain. In an effort to make the judicial system more efficient and relieve court congestion, mediation becomes a mandatory preliminary step before filing a lawsuit in certain civil and commercial cases.

What is mediation and why is it important?

Mediation is an out-of-court process in which an impartial third party, known as a mediator, helps the disputing parties reach an agreement. Unlike trials, where one party “wins” and the other “loses”, mediation aims to find a collaborative solution that benefits both sides without the need for a judicial ruling.

Under Organic Law 1/2025, mediation is established as a mandatory preliminary requirement before commencing litigation in specified legal areas. This obligation primarily applies to civil and commercial proceedings, covering family, neighbour, property and commercial disputes. Its purpose is to encourage out-of-court solutions and reduce the burden on the courts.

In cases where litigation is chosen, the parties must demonstrate that they attempted to resolve the dispute through mediation. Failure to do so will result in the court dismissing the claim.

Advantages of Mediation

Mediation offers multiple advantages:

• Court decongestion: By reducing the number of cases reaching trial, courts can focus on matters that genuinely require their intervention.
• Time and cost savings: Mediation is quicker and less expensive than a trial, avoiding high legal fees and lengthy proceedings.
• Tailored solutions: Parties can find an outcome that meets their needs, unlike a trial where the judge imposes a decision.
• Preservation of relationships: Mediation promotes amicable dispute resolution, which is crucial in contexts where parties need to continue interacting, such as in employment, family or commercial settings.

The Mediator’s Role

The mediator is an impartial professional who facilitates communication between the parties to reach a joint solution. In our firm, we have trained and specialised mediators who can guide clients through this process, aiming for an agreement satisfactory to all involved.

What if mediation is not attempted?

If it is not proven that mediation or another statutory alternative was attempted before filing a claim, the court will dismiss the lawsuit, preventing the judicial process from proceeding. Moreover, if a party unjustifiably refuses to participate in mediation and subsequently loses the case, they may be required to bear all costs, including those of the mediation process.

Exceptions and Excluded Cases

Preliminary mediation is not mandatory in proceedings related to fundamental rights, parentage, support measures for persons with disabilities, summary possession actions, promissory note lawsuits, enforcement claims, precautionary measures, preliminary proceedings, voluntary jurisdiction (except matrimonial disagreements or custody disputes), or low-value European procedures.

It is important to note that, although this law does not regulate labour mediation, existing Spanish labour legislation already provides specific conciliation and mediation mechanisms for resolving workplace disputes. Therefore, labour law procedures will continue to be governed by their own dispute resolution rules.

Mediation as an Opportunity for Dispute Resolution

Organic Law 1/2025 places mediation at the heart of the judicial process, promoting a collaborative and less confrontational approach. Rather than treating disputes as battles, the aim is for parties to find mutually acceptable solutions without the need for protracted and costly litigation.

As a law firm with specialised mediation training, we are committed to this approach. We want our clients to make the most of this tool, which not only has legal validity but also offers a more efficient and satisfying way to resolve conflicts.

Transforming Dispute Resolution with Organic Law 1/2025

The introduction of mediation as a mandatory preliminary step marks a shift in dispute resolution in Spain, paving the way for a more accessible, efficient and less adversarial judicial system. Mediation facilitates dispute resolution and fosters a culture of peace and collaboration.

If you have questions about how mediation works or need advice on a dispute, please contact us. We are here to help you resolve any dispute quickly, effectively and, most importantly, without the need for a trial.

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