Appropriate means of dispute resolution (MASC) – Amendment to the Civil Procedure Act

A series of amendments to procedural law have recently been approved to adapt the administration of justice to current needs and provide the efficiency and agility required to resolve cases.
At the beginning of this year, the  Organic Law 1/2025 on measures to improve the efficiency of the public justice service  was approved. Its purpose is to modernise and streamline the judicial system so that it responds better to the needs of today’s society.
A particularly innovative measure is the introduction of appropriate means of dispute resolution (MASC) to resolve differences between parties to a dispute.
Since last April, using a MASC—an appropriate dispute resolution method—has been mandatory as a procedural prerequisite.
In other words, to file a claim before the civil or commercial courts, subject to certain 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 establishes several methods, and the choice between them will depend on the type of claim and the relationship between the parties. It is therefore more important than ever to obtain appropriate advice before responding to any demand or claim, so that the applicable time limits and the interruption of limitation and expiry periods are clearly understood.

For reference, the MASC include:
– Negotiation between the parties or their lawyers
– Mediation
– Conciliation
– Collaborative law
– A confidential binding offer
– An independent expert opinion
They offer the parties a genuine opportunity to find a more effective solution than court proceedings and reduce both the time involved and the personal cost.
They are always voluntary and may be discontinued at any time; the parties remain in control. They can also lead to greater satisfaction with the outcome, promote social cohesion and help preserve future relationships.

In any civil matter that could lead to proceedings, we invite you to consult us so that we can guide you towards the most appropriate route, avoiding unnecessary costs and subsequent procedural difficulties. These methods are confidential, and the information disclosed during them must be protected. We also inform you that we will shortly begin offering private conciliation and independent expert services.