Appropriate dispute-resolution methods (MASC) – Amendment of the Civil Procedure Act

A series of amendments to the procedural law have recently been approved
in order to adapt the administration of justice to the new times and give it
the efficiency and agility needed to resolve matters.

It was precisely at the start of this year that Organic Act 1/2025 on measures concerning
the efficiency of the public justice service was approved, which aims to modernise and speed up the
judicial system to better respond to the needs of today’s society, and it is
especially innovative in introducing appropriate methods of
dispute resolution (MASC) to resolve differences between the parties to a conflict.

Since this past April it is mandatory to use a MASC (appropriate
method of conflict resolution): it is a procedural requirement.

That is, in order to file a lawsuit before the civil or commercial courts
(save for some exceptions) and for that claim to be admitted, the parties
must prove that they first attempted to resolve their differences through a MASC.

The law provides different methods and the choice of one or another will depend on the type of
claim and the relationship between the parties. That is why, more than ever, it is very important to seek
appropriate advice before responding to any demand or claim in order to
be clear about which time limits apply, and the interruption of prescription and expiry periods.

For purely illustrative purposes, the MASC are:
– Negotiation between the parties or between the lawyers
– Mediation
– Conciliation
– Collaborative law
– The confidential binding offer
– The opinion of an independent expert

They present a real opportunity for the parties to find a more effective solution than
the judicial route. They reduce the costs in time and personal toll.

It should be clarified that they are always voluntary and can be abandoned at any time; the parties
keep control; and they allow greater satisfaction with the solution reached, fostering
social cohesion and the preservation of future relationships.

Should you face any civil situation that could end in proceedings, we invite you
to consult us so we can guide you along the most appropriate route, avoiding
unnecessary costs and later procedural problems, since the methods are
confidential and the information disclosed in them must be preserved. We also
inform you that very soon we will begin offering private conciliation and independent expert
services.