Since 3 April 2025, most civil and commercial disputes in Spain can no longer be taken straight to court. Organic Law 1/2025 requires a prior attempt at a negotiated solution through an appropriate dispute resolution method (MASC). Far from being a mere formality, used well it is an opportunity to resolve the problem sooner, at lower cost and without the strain of litigation. Mediation in Barcelona is one of the most effective ways to do it.
At MH & MG Abogados, our partners are practising lawyers and registered mediators. From our offices in Barcelona and Roses (Girona) we help you negotiate, mediate and, if no agreement is reached, litigate.
What a MASC is
It is any negotiation in which the parties try in good faith to reach an agreement, on their own or with the help of a neutral third party. The law provides for several forms:
- Direct negotiation between the parties or their lawyers.
- Mediation, with a professional mediator who facilitates dialogue.
- Conciliation before a notary, registrar, court clerk or justice of the peace.
- Confidential binding offer, which binds the party making it if the other party accepts.
- Independent expert opinion and collaborative law.
When it is mandatory
It is a requirement for most civil claims: debt claims, disputes between neighbours or business partners, inheritance, tenancy and many family matters. If it is skipped, the court will not admit the claim.
It is not required, among other cases, for the protection of fundamental rights, court-ordered support measures for people with disabilities, paternity proceedings, certain child protection proceedings, non-contentious proceedings, interim measures or enforcement. Nor does it apply to criminal or employment matters, which have their own rules.
In addition, unjustified refusal to take part in a MASC can affect the costs order in any later trial.
Why choose mediation
Mediation is especially useful when the parties will continue to deal with each other: separated parents, siblings sharing an inheritance, business partners, neighbours, or a company and a regular client.
- It is confidential. What is said in mediation cannot later be used in court.
- It is quicker and cheaper than court proceedings, which can take years.
- The parties decide. The agreement is not imposed by a judge but built by those who know the problem best.
- It is fully effective. The agreement can be formalised in a notarial deed or approved by a court so that it is enforceable.
In Catalonia, mediation in private law is governed by Law 15/2009, and the Catalan Private Law Mediation Centre keeps the register of mediators.
How we help you
We can act in two ways: as neutral mediators between the parties, or as lawyers for one of them, preparing the invitation to negotiate, the binding offer or your participation in mediation so that it meets the legal requirements and protects your interests. And if no agreement is reached, the attempt will already be on record and we can file the claim without delay. Find out more on our mediation page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.