Organic Law 1/2025

Organic Law 1/2025, in its Title II, introduces a profound reform aimed at promoting procedural efficiency through the use of appropriate means of non-judicial dispute resolution, highlighting mediation in particular as a prerequisite for filing civil and commercial lawsuits.

The new regulation establishes that, as a general rule, before accessing civil jurisdiction, the parties must have previously attempted a negotiation activity through one of the means recognized by law: mediation, conciliation, confidential binding offer, independent expert opinion, or collaborative law.

This requirement of admissibility (art. 5) seeks to ensure that the parties act in good faith in attempting an out-of-court solution. The subject matter of the dispute and that of the negotiation must substantially coincide. However, certain proceedings are excluded from this requirement, such as those affecting fundamental rights, minors, persons with disabilities, or enforcement proceedings.

Mediation, regulated by Law 5/2012 and supported by regional legislation, is established as a preferred and formally recognized way to meet this requirement. Its initiation interrupts the statute of limitations and suspends the expiration of actions, provided that the attempt is properly documented, even if one of the parties does not respond or rejects the invitation.

If the opposing party does not accept the notification or refuses to participate, the law allows the attempt to be evidenced by means of a responsible declaration. This declaration must include the date of the attempt, the identity of the parties, the means used, and proof that the parties acted in good faith.