Organic Law 1/2025: mediation, now mandatory
Effective date: 3 April 2025
The new law on the efficiency of the Public Justice Service makes mediation a prerequisite for filing a lawsuit in civil and commercial matters. This historic change opens up an unprecedented market for mediators.
The time to position oneself is now
Organic Law 1/2025 creates a new professional ecosystem. Mediators, law firms, institutions, and companies must adapt quickly. We help you understand the legal framework and take advantage of the opportunities in this new market.
The new Law on the Efficiency of the Public Justice Service makes mediation a prerequisite for all civil and commercial lawsuits. A historic change that redefines access to justice in Spain.
Understanding the law
Law 1/2025 is already in force, and we work in accordance with its provisions in all our programs.
What is it?
Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service, reforms the Spanish judicial system in depth to decongest the courts through the use of ADR (Appropriate Means of Dispute Resolution).
Who does it affect?
This applies to any citizen or company wishing to file a civil or commercial lawsuit. Before going to court, they must attempt to resolve the dispute through mediation or another ADR method. This does not apply to criminal, labor, or bankruptcy matters.
What changes in the Registry of the Ministry of Justice?
With the mandatory prior mediation, being registered in the Register of Mediators and Mediation Institutions of the Ministry of Justice goes from being a merit to being practically essential to practice in judicially referred processes.
- Mediators must be accredited and properly registered to act in judicial referrals.
- Regional registries also become more relevant as the volume of cases increases.
- The Register of Intercultural Mediators takes on special importance in the new legislative context of immigration.
- The training accredited by EIM enables registration in the State Registry and the regional registries.
Justice in the 21st century is, above all, a justice of agreements.
What changes with the new law
From legal proceedings to dialogue
Previously, either party could go directly to court. Now, they must demonstrate that they have attempted an out-of-court settlement. Direct litigation is reserved for cases where dialogue has failed.
Mandatory documentary accreditation
The claim must be accompanied by supporting documentation proving the attempt at mediation or the reason for its inapplicability. Without this documentation, the judge will dismiss the claim.
Scope: civil and commercial
Contracts, leases, inheritances, claims for amounts owed, corporate disputes, insolvency proceedings… Almost all private legal transactions are affected by the new requirement.
Suspension of limitation periods
The start of the ADR procedure suspends the statute of limitations and expiry periods, protecting the rights of the parties while the extrajudicial route is attempted.
Reformed cost regime
If one party unjustifiably rejects mediation and loses in court, the judge can order them to pay all costs. This is a powerful disincentive to reject prior dialogue.
Enhanced confidentiality
What is discussed in mediation cannot be used in subsequent legal proceedings. The mediators cannot be called as witnesses regarding the content of the sessions, thus ensuring a safe space for negotiation.
Start practicing under the new law
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