On April 3, 2025, a milestone is marked in the field of mediation in Spain with the entry into force of the Organic Law 1/2025This law introduces profound changes aimed at improving the efficiency of the Public Justice Service, making mediation a mandatory step before filing lawsuits in civil and commercial matters.
The new Law has consolidated a necessary change for mediation
The new law establishes that, before a claim is admitted for processing, the parties must attempt to resolve the conflict through mediation or other means. Alternative Dispute Resolution Methods (MASC). This procedural requirement seeks to ease the burden on the courts and promote faster and more cost-effective solutions. However, this obligation does not apply in labor, criminal, or bankruptcy matters, nor in cases where one of the parties is a public sector entity.
Mediation: An Effective Solution
At the International School of Mediation (EIM), we have promoted mediation as a key tool for conflict resolution. The congestion of the judicial system, with trials scheduled for years after admission to proceedings, has highlighted the need for more efficient alternatives. Mediation allows the parties to maintain control of the process and reach agreements without long and costly legal proceedings.
Benefits for Mediation Professionals
The obligation to go to one of the MASC, such as mediation opens nNew job opportunities for mediatorsThis legislative change expands the labor market and highlights the advantages of mediation, such as reduced time and costs. Furthermore, courts will be able to impose sanctions on parties who refuse to participate in mediation or act in bad faith, incentivizing responsible use of the judicial system.
Confidentiality Guaranteed
Furthermore, Law 1/2025 reinforces the confidentiality of mediation processes, ensuring that no documents or testimony arising from this negotiation attempt can be used in a subsequent trial, with limited exceptions. This protects the privacy of the parties and ensures that information shared during mediation does not influence the judicial process.
Training and Professionalization
Mediation training is diverse and does not have a unique profile. At EIM, we have professionals from areas such as psychology, pedagogy, social education, social work, communication, and business administration. Each mediator must develop specific skills according to their previous training, although the most important thing is that we are all mediators and have a mission: to accompany the parties in the search for a solution to their conflicts.
At EIM, we offer specialized training programs and personalized follow-up, highlighting the importance of professionalization in areas such as criminal and penitentiary mediation, labor, healthcare, and intercultural mediation. Registration in the Ministry of Justice's Registry of Mediators and Mediation Institutions remains mandatory for practicing in these new judicial contexts.
Conclusion
Organic Law 1/2025 represents a significant step toward a culture of peaceful conflict resolution, reducing court congestion and promoting more efficient and satisfactory out-of-court settlements for all parties involved.
