MASC Mandatory? Mediation in Spain After Organic Law 1/2025: What Changes and What Doesn't

Mediation in Spain After Organic Law 1/2025

This article explains how Law 5/2012 on Mediation has been amended and what it means for individuals, companies, and legal practitioners.

1. Mediation Is Recognized as One Valid MASC, Not the Only One

The reform clarifies that mediation is one of several valid methods for satisfying the new procedural requirement before filing a lawsuit. Parties are not required to mediate; they may also negotiate directly, attempt conciliation, or use other structured alternatives. What matters is that they can prove a real attempt to resolve the dispute before going to court.

2. Updated Definition of Mediation (Article 1)

Mediation is now defined as:

“An appropriate means of dispute resolution in which two or more parties voluntarily attempt, through a structured procedure, to reach an agreement with the help of a mediator.”

This reinforces the structured and voluntary nature of mediation — it cannot be imposed, even under the new law.

3. Timing and Effects on Limitation Periods (Article 4)

When mediation is initiated:

  • Limitation and prescription periods are suspended or interrupted from the date the mediator or institution receives the request.
  • If no first session is held or no response is received within 15 calendar days, the time periods resume.
  • If mediation proceeds, time remains suspended until aa mediation agreement is signed, a final act is issued or mediation is formally terminated.

4. Mediation as a Way to Fulfill the Procedural Requirement (Article 6)

A party who chooses mediation to fulfill the procedural requirement must attend at least one initial session. This session must record:

  • The identity of the parties.
  • The object of the dispute.
  • The fact that both parties participated in good faith.

If one party refuses or fails to attend the session, this refusal does not block the procedure — the party who requested mediation may proceed, having met the legal requirement.

5. Confidentiality (Article 9)

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  • The fact that a session occurred and the subject matter of the dispute are not confidential
  • Disclosure may be allowed:
    • If all parties agree in writing.
    • For cost challenges (Article 245 LEC).
    • In criminal cases by judicial order.
    • To protect public order, minors, or prevent serious harm.

Outside these cases, mediation content remains inadmissible as evidence in court or arbitration. Breach of confidentiality may incur legal liability.

6. Mediators Must Be Registered

Only professionals listed in the official Register of Mediators and Mediation Institutions may act in mediation procedures used to meet the procedural requirement or ordered by a court.

7. Lawyer Involvement (Article 11.4)

Lawyers may attend mediation sessions but are not required unless the parties or the mediator agree so. Absence from a session does not invalidate the mediation process if agreed upon.

8. How Mediation Can Be Initiated (Article 16)

Mediation may begin through:

  1. Mutual agreement.
  2. Contractual obligation (if a clause exists).
  3. Voluntary choice before filing a claim to fulfill the requirement.
  4. Judicial referral (with consent from both parties).

Requests are filed with a registered mediator or institution. If mediation begins while litigation is ongoing, the case can be suspended. If court-referred, the mediator is selected jointly or by official list.

9. Initial Session and Certificate (Article 17)

The first session — formerly called the “informative session” — is now known as the initial session, and it is crucial for proving compliance:

  • If a party fails to attend, mediation is deemed rejected, and the requesting party fulfills the requirement.
  • The mediator must inform about impartiality, qualifications, fees, process, and legal effects.
  • The mediator must issue a certificate stating:
    • Their own identity and credentials.
    • Identities of the parties.
    • Session date.
    • Statement of good faith.
    • Non-attendance, if applicable.

Outside these cases, mediation content remains inadmissible as evidence in court or arbitration. Breach of confidentiality may incur legal liability.

10. Constitutive Session (Article 19)

If parties agree to proceed with mediation:

  • The mediator must record a constitutive act with:
    • Mediation schedule and estimated duration.
    • Detailed costs.
    • Agreement to mediate.
    • Venue and language.
  • This act must be signed by all parties and the mediator.

11. Duration (Article 20)

Mediation used to comply with the new law must conclude within three months of the mediator receiving the request.

12. Enforceability of Agreements (Article 25)

  • If an agreement is reached, either party may submit it to a notary with the constitutive and final session records to formalize it as an enforceable document.
  • If the mediation took place during litigation, the parties may request judicial approval.

13. Training Requirements for Mediators

The reform introduces stricter rules for mediator qualifications. Training must now include:

  • Gender equality and violence prevention
  • Disability awareness
  • Child protection
  • Sexual and family diversity
  • Awareness of the needs of people aged 65 and over

These modules are mandatory for mediators in family law cases.

14. Additional Legal Reforms included in this law

a) Free Legal Aid (Law 1/1996)

Legal aid now includes representation in MASC proceedings when required by law or when the opposing party is represented.

a) b) Tax Law (Law 35/2006)

Legal aid now includes representation in MASC proceedings when required by law or when the opposing party is represented.

Compensation and alimony payments agreed via mediation are tax-exempt, provided:

  • The agreement was formalized before a notary.
  • A neutral third party participated.
  • And the amounts fall under the legal compensation tables.

c) Professional Companies (Law 2/2007)

Corporate statutes may now include clauses submitting internal disputes to mediation or other alternative methods.

Summary

Spain’s mediation framework remainsvoluntary, but parties who choose to use itto satisfy the new procedural requirement must follow a regulated structure. The reforms do not impose mediation, but they do encourage it by:

  • Suspending deadlines.
  • Recognizing it as a valid procedural step.
  • Granting legal certainty through official certification.

How Strong Abogados Can Assist

At Strong Abogados, we help clients:

  • Choose the right MASC for each case.
  • Document their compliance with pre-trial requirements.
  • Handle mediation sessions with certified professionals.
  • Avoid delays and procedural dismissal of claims.

For international businesses, professionals, or individuals, we provide clear, strategic guidance through Spain’s new litigation framework.

Call us at 932 155 393 or fill out the form below.