Changes to Mandatory Pre-Lawsuit Negotiations in Spain

The Spanish Parliament has approved on November 13 a proposal urging the Government to amend Organic Law 1/25 so that an ADR attempt (MASC) is no longer required before summary proceedings (monitorio), proceedings regarding condominium debts, evictions, and family proceedings involving minors. The proposal also seeks greater harmonization in the application of the law across different courts, and comes after lawyers, courts and legal associations were unanimously critizicing the negative effects the law was having in this kind of cases. The wide consensus in Parliament for this amendment suggests that the Government will implement the reform shortly.

Understanding Spain’s Mandatory ADR Requirements

Organic Law 1/25 introduced mandatory alternative dispute resolution (ADR) mechanisms in Spain, requiring parties to attempt negotiation or mediation before filing certain civil lawsuits. Known as Medios Adecuados de Solución de Controversias (MASC), these pre-lawsuit negotiation requirements were designed to reduce court congestion and encourage amicable settlements. However, the practical implementation revealed significant challenges for Spanish litigants and legal practitioners.

The proposed amendments specifically target procedural categories where mandatory mediation proved particularly burdensome. Summary payment proceedings (procedimiento monitorio), which are essential for efficient debt recovery in Spain, were significantly delayed by the ADR requirement. Similarly, eviction proceedings and condominium debt cases—where swift legal action is often critical—suffered from these procedural bottlenecks.

Implications for Spanish Civil Litigation

For businesses and individuals navigating Spanish civil procedure, these anticipated changes represent a meaningful streamlining of the litigation process. The reform acknowledges that certain case types—particularly debt collection, property disputes, and family law matters involving minors—require expedited access to judicial remedies. Legal experts across Spain anticipate that eliminating the mandatory pre-lawsuit negotiation requirement for these specific proceedings will restore procedural efficiency while maintaining ADR options for cases where voluntary mediation remains appropriate.

The cross-party support for this amendment in the Spanish Parliament underscores the widespread recognition that the original ADR mandate created unintended obstacles to justice. Parties pursuing legitimate claims through Spanish courts can expect a more balanced approach once the Government enacts these modifications to Organic Law 1/25.