Organic Law 1/2025 on measures for the efficiency of the Public Justice Service came into force on 3 April 2025. One of its most relevant novelties for businesses and freelancers is the requirement to try a negotiated solution before going to the civil courts. Ignoring it can cost the admission of your claim.
A procedural requirement
Article 5 provides that, in civil matters, for a claim to be admissible an adequate dispute resolution method, known by the initials MASC, must have been tried beforehand. It can be mediation, conciliation, negotiation between lawyers, a binding confidential offer or others provided by law.
The Civil Procedure Act reflects this. Article 264.4 requires attaching to the claim the document that proves the attempt, and article 403.2 allows inadmissibility when it is missing.
How to prove it
Article 10 regulates proof of the attempt. You must provide documents showing that a real attempt was made. An isolated letter or an unanswered email may be insufficient. The attempt should be formal, the other party should receive a clear proposal with a time to reply, and proof of receipt should be kept. When the attempt goes through a mediator or the lawyers of both parties, proof is easier and harder to dispute.
Relevant exceptions
Article 5.3 excepts, among others, enforcement claims, prior interim measures, preliminary proceedings and voluntary jurisdiction, with some caveats. Article 5.2.h excepts bill of exchange proceedings. The payment order procedure, in contrast, is not among the exceptions.
Effect on costs
Article 394 of the Civil Procedure Act allows the court to take into account, for costs, whether a party refused without good cause to take part in the adequate method. An unjustified refusal can be expensive even if you later win the case.
Practical recommendations
- Send a formal proposal before suing, with a reasonable time to reply.
- Keep all documents that prove the attempt.
- Consider a mediator when the commercial relationship must continue.
- Check whether your case falls under any exception.
The law also regulates how the attempt affects limitation and expiry periods, in its article 7. If the deadline for your claim is close, ask for advice first, because a wrong calculation can leave you without a claim.
This article is general information on Spanish law and not personalised advice. Contact us to discuss your case.
Carlos Babot Horcajadas
Lawyer admitted in Málaga, no. 10.971. Partner at Babot Aranguren Abogados. More about the author.