From the International School of Mediation we inform you about an important legal innovation established by the Organic Law 1/2025: the Preventive Annotation of the Mediation Process, specifically regulated in articles 727.5, 730.2 and 726 of the Civil Procedure Law (LEC).
What exactly does the Preventive Annotation entail?
It is a precautionary measure comparable to the preventive annotation of a claim, applicable to assets and rights susceptible to registration in public registries, which aims to guarantee the effectiveness of the mediation process avoiding harmful actions during the mediation.
Key aspects of the new regulation:
- Judicial Competence: The court competent to order this preventive annotation will be the one in the place where the mediated agreement must be executed or where the measures must take effect (article 723 LEC).
- Request and judicial resolution: The annotation must be made pursuant to a prior court ruling that analyzes the situation and justifies its necessity.
- Lifting, maintenance or modification: The parties may request the court to lift, maintain, or modify these precautionary measures within 20 days after the mediation process ends without agreement or after the initial proposal goes unanswered (Article 730.2 LEC).
- Estimated duration: In the absence of specific requests for dismissal or modification, these precautionary annotations could have a maximum estimated duration of four years, similar to the preventive annotation of a traditional lawsuit.
Advantages and practical relevance:
- Significantly strengthens legal security during mediation.
- Prevents risks or damage to the interests involved.
- It reinforces the equality of mediation with traditional judicial processes in terms of precautionary protection, encouraging its use.
From the International Mediation School We are committed to training and advising professionals on these new legal developments, promoting mediation as a priority method for resolving conflicts.
