The obligation to go to conciliation before suing: a new procedural procedure in Spain
The recent entry into force of Organic Law 1/2025, on measures for the efficiency of the Public Justice Service, marks a milestone in Spanish procedural law by establishing, as a general rule, the obligation to try an out-of-court means of dispute resolution (ADR) before filing a lawsuit in the civil and commercial spheres.
This regulatory change, effective from 3 April 2025, responds to the need to alleviate the burden on the courts, promote a culture of settlement and ensure more rational, rapid and sustainable access to justice.
The obligation affects all claims brought in the civil and commercial courts, except in the cases expressly excluded by law, which are detailed below. The plaintiff must prove that he or she has tried, without success, to resolve the dispute through an appropriate out-of-court mechanism.
This attempt is accredited by means of a certificate issued by the professional or entity that has managed the ADR (Appropriate Means of Dispute Resolution), without which the judicial body will not admit the claim for processing.
Appropriate Means of Dispute Resolution - ADR - recognised by law
ADR that meets this requirement includes:
- Mediation
- Conciliation
- Direct negotiation assisted by a lawyer
- Independent expert opinion
- Confidential binding offer
- Collaborative law
All these mechanisms must comply with the principles of voluntariness, confidentiality, impartiality and good faith. The choice of means is at the discretion of the plaintiff, unless previously agreed between the parties.
Legal exceptions
- Exercise of actions for the protection of fundamental rights.
- Cases of gender violence.
- Bankruptcy proceedings.
- Family matters without scope for agreement (for example, urgent measures concerning minors).
- Requests for precautionary measures.
- Claims for sums of less than 2,000 euros. These claims, generally dealt with by means of order for payment proceedings or oral proceedings, are expressly exempted from the obligation to attempt ADR, as established in Article 5 of Organic Law 1/2025.
Legal effects of non-compliance
The main consequence of non-compliance with this obligation is the inadmissibility of the claim.
Likewise:
- The other party's unjustified refusal to participate in an ADR can be assessed in costs, even if it wins the lawsuit.
- The attempt at an out-of-court settlement interrupts the statute of limitations, provided it is properly documented.
- If there is no response to the ADR proposal within 30 calendar days, the requirement is deemed to have been met and a lawsuit may be filed.
Practical implications
This reform represents a profound transformation of access to justice in Spain:
- It requires lawyers and solicitors to integrate prior negotiation into their procedural strategy.
- It encourages the creation of new professional profiles specialised in alternative dispute management.
- It reinforces the culture of collaboration as opposed to litigation.
Conclusion
The obligatory nature of going to an ADR before suing represents a firm step towards a model of justice that is more agile, efficient and focused on the real needs of the parties. Its correct application will require not only a regulatory change, but also a cultural change on the part of legal operators, citizens and companies.
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