Without Prior Negotiation, Your Claim May Be Rejected: Discover the New Law Changing the Rules of the Judicial System

On 3 April 2025, Organic Law 1/2025 of 2 January came into force in Spain, introducing measures to enhance the efficiency of the Public Justice Service. This regulation, part of an ambitious plan to modernise the judiciary, brings about a significant change: before filing a civil or commercial claim, it is now mandatory to demonstrate that an attempt has been made to resolve the dispute through an Adequate Means of Dispute Resolution (MASC).

MASC are tools designed to reduce litigation and promote out-of-court settlements. The law recognises several forms, including:

• Mediation: An impartial professional facilitates communication between the parties to help them reach an agreement.
• Private Conciliation: An expert assists by proposing potential solutions.
• Negotiation Assisted by Lawyers: The parties negotiate with the technical support of their respective legal counsel.
• Confidential Binding Offer: Particularly useful for monetary claims, this allows one party to make a formal settlement proposal that, if accepted, becomes binding on both parties.

This new requirement affects companies, individuals, and professionals wishing to initiate civil or commercial proceedings—from debt recovery to contractual or corporate disputes. However, it does not apply to labour, criminal, or constitutional proceedings, nor to cases involving gender violence or family disputes where negotiation is not viable.

The court may declare the claim inadmissible, resulting in wasted time, additional costs, and potential harm to the client’s interests. Therefore, it is essential to attach a document proving that at least one of the recognised MASC methods under Organic Law 1/2025 has been attempted.

For companies, this change presents both a challenge and an opportunity. Internally, it will require adapting procedures, training legal teams, and setting up pre-litigation negotiation protocols. At the same time, it provides a chance to resolve disputes more swiftly, cost-effectively, and confidentially, helping to preserve commercial relationships and avoid public exposure of disputes.

It is also expected that in the near future, digital platforms will be developed to allow MASC procedures to be initiated online, making their application easier and lowering implementation costs.

Beyond its legal implications, this law aims to promote a culture of dialogue and agreement in resolving disputes. In countries such as France, Italy, and Germany, out-of-court methods have long been either mandatory or incentivised, with positive outcomes both in judicial efficiency and public satisfaction.

In short, this is not merely a legal reform, but a change in paradigm. From now on, before appearing before a judge, it will be essential to show that the parties have at least tried to resolve the conflict out of court.

To shed light on the many questions surrounding the implementation of Organic Law 1/2025, the Court Clerks of Barcelona have published guidelines to unify practice in light of the introduction of MASC as a procedural requirement.