Spain's pre-litigation requirement

Mediation & ADR

Since 3 April 2025, Spanish law (Organic Law 1/2025) requires parties to attempt an appropriate dispute-resolution process, known by its Spanish acronym MASC (medios adecuados de solución de controversias), before most civil and commercial claims can be admitted by the courts. Mediation is the most robust of the recognized options.

This page explains how the requirement works and how mediation is provided here: for referring lawyers, for foreign counsel with clients in Spain, and for parties who have been told they must attempt a MASC.

The Admissibility Requirement (requisito de procedibilidad)

Under Organic Law 1/2025, a claim in most civil and commercial matters must be accompanied by documentation showing that an appropriate means of dispute resolution was attempted before filing; without it, the claim is not admitted. The requirement reaches most civil and commercial disputes, including family matters of an economic nature and inheritance disputes, while purely personal family matters and certain special proceedings are excluded.

The attempt must be genuine and documented: who was convened, when, over what subject matter, and how it concluded. When mediation is the chosen MASC, the mediator issues the certificate that accompanies the claim. The procedural details matter, because a defective record can put admissibility in question.

Why a Lawyer-Mediator

A record built for judicial scrutiny

Many registered mediators in Spain come to mediation from psychology, social work, or education. Mediation here is conducted by a practicing lawyer, admitted at ICAB and in New York and registered as a mediator with the Ministry of Justice, so the process and its documentation are managed with the procedural requirements in view from the first session.

Three languages, two legal cultures

Sessions run in English, Spanish, or Catalan, including mixed-language mediations where each party speaks their own language. In cross-border disputes, both civil-law and common-law expectations are understood at the table.

Strict neutrality toward counsel

Referring lawyers remain their clients' lawyers. The mediator's role begins and ends with the mediation: no legal advice to either party, no subsequent representation, and prompt certification so counsel can proceed to court if no agreement is reached.

How Referral Works

01

First contact

Send a brief note on the type of dispute, the parties, and preferred languages, by email or through the form below. Conflicts are checked and availability confirmed, normally within one business day.

02

Convening the parties

All parties are formally invited, the process and fees are explained, and the first session is scheduled. Video sessions are available when a party is outside Spain.

03

Mediation sessions

Confidential sessions, structured around the parties' real interests. Where the parties have counsel, their lawyers take part as the parties prefer and the process allows.

04

Outcome and certification

If agreement is reached, it is drafted for review by the parties' lawyers, and may be raised to a public deed or submitted for judicial approval where appropriate. If not, the certificate documenting the attempt is issued without delay.

Co-mediation with colleagues is welcome, including as second mediator, particularly in family-property, inheritance, and cross-border matters.

Refer a Matter or Ask a Question

For conflicts checks, availability, or a preliminary conversation about whether a matter is suited to mediation:

Plaça Francesc Macià, 7, 12º
08029 Barcelona
Catalunya, Spain
+34 639 79 3313
+1 914 810-3781

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Email
dylan@cerbinilegal.com

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