New Regulation on Appropriate Dispute Resolution Mechanisms (MASC)
4 Noviembre, 2025
On January 2, 2025, Organic Law 1/2025 was published in the Official State Gazette (Boletín Oficial del Estado), introducing a new legal framework governing Appropriate Dispute Resolution Mechanisms (MASC) in the Spanish legal system. Through this legislation, the lawmaker aims to reduce litigation rates and promote the use of alternative means for conflict resolution, thereby fostering a more efficient and accessible justice system.
Scope of Application
The law provides that MASC mechanisms are applicable to civil and commercial matters, including cross-border disputes. However, it expressly excludes criminal, labor, insolvency proceedings, and any matters involving the public sector as an interested party.
Mandatory Nature
One of the most significant innovations introduced by Organic Law 1/2025 is the establishment of a procedural prerequisite in most civil disputes. With certain exceptions, parties must attempt to resolve the conflict through one of the ADR mechanisms recognized by the law before initiating judicial proceedings.
Types of Regulated MASC Mechanisms
The new law recognizes several forms of conflict resolution, including:
- Negotiation: Direct negotiation between the parties, either with or without the involvement of their respective legal counsel.
- Mediation: Two or more parties voluntarily attempt to reach an agreement on their own, with the assistance of a neutral and impartial mediator who facilitates dialogue and consensus without making any proposals.
- Conciliation: A technical or legal expert (the conciliator) helps the parties reach an agreement by proposing solutions that may resolve the dispute. Conciliation may be private (carried out by individuals with relevant knowledge) or public (before notaries, registrars, court clerks, or justices of the peace).
- Confidential Binding Offer: Any person seeking to resolve a dispute may present a binding offer to the other party. If the offer is accepted, the offering party is bound to fulfill it. Likewise, the acceptance by the counterparty is irrevocable.
- Opinion of an Independent Expert: The parties submit all relevant information and evidence regarding the dispute to an independent expert (with technical or legal expertise) for the issuance of a non-binding opinion.
- Collaborative Law: Structured negotiation conducted by lawyers accredited in Collaborative Law, possibly with the involvement of neutral experts. If no agreement is reached, the participating lawyers are barred from representing their clients in future litigation on the same matter.
Formalization and Enforcement of Agreements
Agreements reached through MASC mechanisms may be formalized in a public deed or judicially approved, thereby acquiring enforceable status. This means that in the event of non-compliance, the agreement may be judicially enforced without the need to initiate new legal proceedings.
Digitalization and Use of Online Tools
To modernize and streamline the justice system, the law promotes the use of digital tools in dispute resolution processes, particularly for low-value claims. This will enable many disputes to be resolved quickly and efficiently without the need for physical appearances.
Organic Law 1/2025 also introduces amendments to other statutes, such as the Legal Aid Act and the Personal Income Tax Law, in order to align the legal framework with this new model of judicial efficiency. The law was scheduled to enter into force on April 3, 2025, with a three-month transitional period for its implementation.
