On 3 April 2025, Organic Law 1/2025 entered into force, introducing a significant reform to the Civil Procedure Law (LEC). One of the most relevant changes is the
obligation to attempt an Adequate Means of Dispute Resolution (ADR / ‘’MASC’’) before filing a lawsuit in the civil jurisdiction. This change seeks to reduce judicial
overload and encourage out-of-court dispute resolution.
What are ADRs and why are they now mandatory?
ADRs include mediation, conciliation, negotiation, and arbitration. Its objective is to allow the parties to reach agreements without the need to go to court, promoting
faster and less expensive solutions.
The reform of the LEC establishes that, in most civil proceedings, it will be mandatory to prove that an MASC has been attempted before filing a lawsuit. Only in specific
cases can you go directly to court.
Impact on Legal Practice
- Obligation to go to a MASC before litigating
As of the reform, the parties must prove to the court that they have tried to resolve the conflict through an MASC. This will materialize through a mediation act, a
negotiation document or a certification of a failed conciliation attempt.
2. Exceptions to the obligation
It will not be necessary to go to an MASC, in summary, in the following cases:
- Executive claims.
- Requests for pre-suit precautionary measures.
- Requests for preliminary proceedings.
- Judicial protection of fundamental rights.
- Adoption of support measures for people with disabilities.
- Filiation, Paternity and Maternity.
- Summary protection of the possession or possession of a thing or right
- Exchange trial
3. Consequences of non-compliance
If the plaintiff does not prove that he or she has attempted an MASC, the judge may dismiss the claim, which is a major procedural obstacle.
Advantages of using MASC
- Time and cost savings: The lengthy court process is avoided.
- Greater control over the outcome: Parties can negotiate and reach customized agreements.
- Less judicial saturation: It allows the courts to focus on more complex cases or
those that really require judicial intervention.
Conclusion
With this reform, Spain aligns itself with other European countries that promote the out- of-court settlement of conflicts. Lawyers and citizens will have to adapt to this new
reality, integrating ADR as a prior and mandatory step before any civil litigation. The key will be to leverage this mechanism to resolve disputes more efficiently and
beneficially for both parties.
