By Juan Diego Mata
In recent years, mediation has ceased to be a peripheral institution of the Spanish legal system and has become a central instrument in conflict managementIts legislative consolidation, especially after the approval of the Law 5/2012, on mediation in civil and commercial matters, and its recent boost with the Law 1/2025, on Procedural Efficiency Measures of the Public Justice ServiceThese developments have fostered a cultural transformation within the legal profession. Law firms are thus presented with a strategic opportunity: to integrate professional mediation into their structure as a key element of their services. complementary and differentiating servicenot as an exclusive alternative to litigation.
1. From adversarial justice to collaborative justice
The traditional procedural model, based on the confrontation of positions and the decision imposed by a third party, presents an evident structural saturationThe length of court proceedings, the costs involved, and the emotional impact of litigation have eroded the perceived effectiveness of the system. In response, mediation is emerging as a mechanism for collaborative justice, in which the parties maintain control of the outcome and prioritize their real interests over the mere defense of abstract rights.
This transformation is not intended to replace the judicial function, but to complement it. The legislator understood this by introducing, in Law 1/2025, the obligation to attempt an appropriate means of dispute resolution (ADR) before resorting to the courts in certain civil and commercial proceedings. Among these means, mediation occupies a prominent place due to its flexible, confidential, and voluntary nature.
2. The new role of the lawyer in mediation
Contrary to what some professionals feared in the early years of mediation implementation, the lawyer is not displaced from the conflict, but rather it acquires an essential role in its channelingIts function shifts from confrontation towards technical management of the negotiation processassisting the client in understanding their interests, assessing risks, and formulating sustainable agreements.
The lawyer-mediator —or the lawyer collaborating in mediation— must master skills that transcend legal argumentation: active listening, nonviolent communication, emotional analysis of conflict, and design of creative solutionsThis professional versatility not only improves the quality of legal services, but also reinforces the firm's image as a comprehensive space for conflict resolution.
From a deontological perspective, mediation also reinforces the principles of the General Statute of the Spanish Legal Profession: customer loyalty, the search for effective solutions and the promotion of the general interest by reducing litigation.
3. The structural integration of mediation in law firms
The effective integration of mediation into law firms cannot be limited to a statement of intent or the formal creation of a department. It requires a organizational and cultural reviewThere are several possible models:
- Internal model: The firm has accredited mediator lawyers who provide the service directly. This arrangement requires specific training (a minimum of 100 hours in accordance with Royal Decree 980/2013) and registration in the Register of Mediators of the Ministry of Justice.
- Collaborative model: The firm maintains agreements with external mediation centers or professionals, referring cases when the profile of the conflict advises it.
- Hybrid model: It combines both options, with internal mediators for recurring issues (family, leases, corporate disputes) and a network of external collaborators for specific specialties.
In all cases, the differentiating element lies in the customer communicationMediation should be presented not as a "shortcut," but as a high value-added legal service, backed by a legal team that ensures the legal security of the agreement.
4. Competitive and tax advantages
Mediation also contributes operational and reputational advantages to the offices. First, it allows diversify sources of income through session fees or out-of-court settlements, reducing reliance on litigation. Secondly, it increases the customer satisfaction and loyalty, who perceives a more humane and efficient treatment.
From a tax perspective, fees derived from mediations are classified as income from professional activitiessubject to VAT at the standard rate of 21% and with a withholding tax of 15% for Personal Income Tax (art. 95 RIRPF). In the case of professional corporations, their treatment is integrated into Corporate Income Tax in accordance with article 10 of the Law 27/2014 (LIS)However, the costs associated with the training and accreditation of mediators can be considered deductible expenses if they are correlated with future income, which encourages their implementation from an accounting and tax perspective.collective miso and the collaboration of governments, institutions, civil organizations and citizens.
5. Implementation Challenges
Despite its potential, mediation faces cultural obstacles. Many clients still perceive that “negotiating is giving in” and that legal strength is demonstrated in court. It is up to lawyers to reverse this perception. legal education of society in the idea that reaching an agreement is, in reality, the fullest manifestation of autonomy of the will.
Another challenge is the continuous trainingExcellence in mediation requires continuous updating of communication techniques, conflict psychology, and comparative law. Law firms that systematically integrate these skills will be better positioned to navigate the transformation of the legal market.
6. Conclusion: a new paradigm of legal advice
Mediation is not a passing fad, but a structural change in the way of understanding LawIn a context of judicial overload and demand for agile solutions, law firms that incorporate professional mediation will not only be complying with regulatory requirements, but also anticipating the justice of the futureA more humane, efficient, and participatory justice system.
Integrating mediation into legal practice does not mean abandoning litigation, but rather expanding it. It means moving from being lawyers for the conflict to being agreement architects, contributing to the strengthening of the rule of law from a collaborative and modern perspective.
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