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).<\/strong><\/p>\n<\/div> MASC are tools designed to reduce litigation and promote out-of-court settlements<\/strong>. The law recognises several forms, including:<\/p>\n This new requirement affects companies, individuals, and professionals<\/strong> wishing to initiate civil or commercial proceedings<\/strong>\u2014from debt recovery to contractual or corporate disputes. However, it does not<\/strong> apply to labour, criminal, or constitutional proceedings, nor to cases involving gender violence or family disputes where negotiation is not viable.<\/p>\n<\/div> The court may declare the claim inadmissible<\/strong>, resulting in wasted time, additional costs, and potential harm to the client\u2019s 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.<\/p>\n<\/div> For companies<\/strong>, this change presents both a challenge<\/strong> and an opportunity<\/strong>. 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<\/strong>, cost-effectively, and confidentially, helping to preserve commercial relationships and avoid public exposure of disputes.<\/p>\n It is also expected that in the near future, digital platforms will be developed to allow MASC procedures to be initiated online<\/strong>, making their application easier and lowering implementation costs.<\/p>\n<\/div> Beyond its legal implications<\/strong>, 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<\/strong> have long been either mandatory or incentivised, with positive outcomes<\/strong> both in judicial efficiency and public satisfaction.<\/p>\n 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.<\/p>\n 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<\/strong> as a procedural requirement.<\/p>\n<\/div><\/div><\/div>What methods are considered MASC?<\/h2><\/h2><\/div>
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Who Is Affected by This Requirement?<\/h2><\/h2><\/div>
What Happens If You Do Not Attempt an Out-of-Court Resolution?<\/h2><\/h2><\/div>
How Does This Law Affect Businesses?<\/h2><\/h2><\/div>
A Necessary Cultural Shift<\/h2><\/h2><\/div>