<\/p>\n\n\n\n
By Juan Diego Mata<\/p>\n\n\n\n
The entry into force of Organic Law 1\/2025 has brought about a paradigm shift in the management of civil and commercial disputes. The requirement to resort to an Appropriate Means of Dispute Resolution (ADR) before filing certain lawsuits obliges companies, financial institutions, service providers, and legal practitioners to rethink their claims systems. <\/p>\n\n\n\n
Far from being a mere formal requirement, ADR mechanisms are proving to be a tool capable of providing efficiency, legal certainty and real opportunities for agreement, especially in those procedures characterized by high litigation and massive case management. <\/p>\n\n\n\n
Automation of MASCs in mass claims processes<\/strong> <\/p>\n\n\n\n One of the major challenges of Organic Law 1\/2025 is its application to procedures that are handled serially or on a large scale. Financial institutions, service providers, insurance companies, and debt collection agencies can process thousands of claims per year, requiring scalable and standardized systems. <\/p>\n\n\n\n In this context, the automation of ADR (Alternative Dispute Resolution) processes emerges as a particularly efficient solution. The use of technological platforms allows for the automated generation of invitations to participate in mediation proceedings, the monitoring of deadlines, the verification of communications, the safekeeping of documentation, and the issuance of certifications, all while maintaining traceability throughout the process. <\/p>\n\n\n\n This digitization allows a potentially complex procedural requirement to be transformed into a simple, verifiable, and cost-effective process. Furthermore, it facilitates compliance with the evidentiary requirements that may later be demanded by the courts to prove the effective attempt at an out-of-court dispute resolution. <\/p>\n\n\n\n Automation becomes especially relevant in claims for amounts owed, contractual non-payments, community fees, supplies, financial services or any other type of conflict that can be processed through repetitive and standardized processes. <\/p>\n\n\n\n The courts are beginning to accept the communication required by Organic Law 1\/2025<\/strong> <\/p>\n\n\n\n The main concern of legal operators during the first months of the rule's validity has been to determine what level of requirement the courts would apply regarding compliance with the procedural requirement. <\/p>\n\n\n\n The court rulings issued to date demonstrate a reasonable and purposeful interpretation of the law. The legislator's objective is not to impose excessive formalities, but rather to ensure that the plaintiff has made a genuine attempt at communication and to explore an out-of-court means of resolving the dispute. <\/p>\n\n\n\n Consequently, the judicial bodies are giving special importance to the accreditation of the sending of the communication, to the effective possibility that the recipient has had knowledge of it and to the existence of objective mechanisms that allow the attempt at negotiation to be proven. <\/p>\n\n\n\n This interpretation is especially relevant in mass proceedings, where the use of technological mediation systems allows for the generation of solid, verifiable electronic evidence that can be easily submitted to subsequent judicial proceedings. <\/p>\n\n\n\n Forensic practice is demonstrating that the key lies not only in the content of the communication, but also in the ability to objectively prove when it was made, to whom it was addressed, and what the result was. <\/p>\n\n\n\n Mediation as a strategic tool beyond the procedural requirement<\/strong> <\/p>\n\n\n\n Although mediation is frequently analyzed from the perspective of fulfilling a legal requirement, its true usefulness far transcends that function. <\/p>\n\n\n\n The first advantage is obvious: mediation creates a direct channel of communication with the debtor or the party being sued. In many cases, especially in debt collection claims, the problem is not a lack of willingness to pay, but rather the absence of effective communication between the parties. <\/p>\n\n\n\n Initiating a mediation process creates a structured space for dialogue that, in many cases, did not previously exist. This allows for understanding the true circumstances of the conflict, identifying obstacles to fulfilling obligations, and exploring alternative solutions tailored to each specific case. <\/p>\n\n\n\n The second advantage lies in creating an environment conducive to reaching agreements. Even when a dispute initially seems entrenched, the intervention of a neutral third party can facilitate rapprochement that is difficult to achieve through unilateral communications or formal demands. <\/p>\n\n\n\n Practical experience shows that many proceedings that end up in court could have been resolved through payment agreements, debt acknowledgments, compliance schedules, or formulas for partial satisfaction of the parties' claims. <\/p>\n\n\n\n Finally, the mediator's role brings a particularly relevant element from a procedural standpoint: the possibility of issuing a sworn statement attesting to the proceedings. This statement is a particularly valuable tool for demonstrating to the court that the procedural requirement has been met, especially when the party being served does not respond, refuses to participate, or simply remains inactive. <\/p>\n\n\n\n The involvement of an independent professional lends greater objectivity to the procedure and strengthens the procedural position of the party who subsequently resorts to legal action, by having a document issued by an impartial third party that certifies the actions taken. <\/p>\n\n\n\n Conclusion<\/strong> <\/p>\n\n\n\n The combination of technology, automation, and mediation is shaping a new model for conflict management. Alternative Dispute Resolution (ADR) methods have moved beyond a mere formality to become a tool that reduces costs, improves the traceability of actions, and increases the likelihood of reaching effective agreements. <\/p>\n\n\n\n In mass claim procedures, automation allows for the management of large volumes of cases with sufficient legal safeguards. At the same time, mediation provides added value that goes far beyond fulfilling a procedural requirement: it facilitates contact with the debtor, opens up genuine negotiation opportunities, and provides accreditation mechanisms that are particularly useful for subsequent legal action. <\/p>\n\n\n\n The practice of the coming years will determine the definitive scope of this new model, but everything points to the integration between technology and mediation being one of the fundamental pillars of civil and commercial justice in the future. <\/p>\n\n\n\n <\/p>\n\n\n\n Would you like to dedicate yourself professionally to mediation or specialize in one of its branches? You've come to the right place. EIM<\/a> We offer a wide variety of training courses to meet your most ambitious goals. <\/p>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":" By Juan Diego Mata. The entry into force of Organic Law 1\/2025 has brought about a paradigm shift in the management of civil and commercial disputes. The requirement to resort to an Appropriate Means of Dispute Resolution (ADR) prior to filing certain lawsuits obliges\u2026 Read more<\/a><\/p>","protected":false},"author":9,"featured_media":46792,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[1,25,27],"tags":[986,994,989,988,529,897,993,985,991,987,992],"class_list":["post-46791","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias-escuela-mediacion","category-ser-mediador","category-noticias-de-mediacion","tag-automatizacion-de-los-masc","tag-eficiencia-procesal","tag-justicia-digital","tag-ley-organica-1-2025","tag-masc","tag-mediacion-civil","tag-mediacion-mercantil","tag-mediacion-online","tag-medios-adecuados-de-solucion-de-controversias","tag-reclamaciones-masivas","tag-tecnologia-juridica"],"_links":{"self":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46791","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/comments?post=46791"}],"version-history":[{"count":1,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46791\/revisions"}],"predecessor-version":[{"id":46793,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46791\/revisions\/46793"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/media\/46792"}],"wp:attachment":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/media?parent=46791"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/categories?post=46791"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/tags?post=46791"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}<\/h2>\n\n\n\n