Litigation Risk Alert in Spain: Mandatory Pre-Lawsuit Negotiations from April 3, 2025

Beginning April 3, 2025, Organic Law 1/2025 comes into effect in Spain, introducing a significant change: it will become mandatory to attempt a prior amicable resolution through Appropriate Methods for Dispute Resolution (known by the Spanish acronym MASC) before filing civil or commercial lawsuits. This measure aims to reduce court overload, promote quicker and more cost-effective agreements, and foster a culture of consensual dispute resolution.

What are MASC?

These are alternative methods to judicial proceedings, designed to help parties reach agreements more quickly and economically. The most common methods include:

• Mediation (a neutral third party helps the parties reach an agreement).
• Private Conciliation (similar to mediation, but the conciliator can propose specific solutions).
• Independent Expert Opinion (a specialized professional analyzes the conflict and provides recommendations).
• Binding Confidential Offer (a specific proposal for resolution that must remain confidential until the process concludes).
• Collaborative Law (lawyers and parties collaborate to resolve issues without resorting to litigation).

In what cases will this be mandatory?

This requirement will apply to almost all civil and commercial lawsuits governed by the Spanish Civil Procedure Law, except in specific exceptions (such as cases involving gender-based violence or non-negotiable family conflicts). Failure to meet this requirement may result in the inadmissibility of the lawsuit or require its correction within a limited period.

Special relevance for Industrial Property cases

In matters related to trademarks, patents, or designs, this law carries significant impact. Although attempts at conciliation were previously required in certain circumstances, the new law mandates prior attempts at resolution for all judicial actions involving industrial property rights. Lawyers will need to precisely and rigorously document any prior negotiation efforts—whether concerning infringement, invalidity, or cancellation—using valid evidence such as burofax, notarial acts, or documents signed by licensed professionals.

How to prove prior attempts at resolution?

The law requires clear documentary evidence. Valid methods include:

• Burofax or certified mail.
• Email with proof of receipt and content verification.
• Notarial acts.
• Documents signed by lawyers or court representatives.

Conversations via WhatsApp, SMS, or phone calls will not be accepted as valid evidence.

Consequences of failing to comply

If an attempt at resolution is not adequately documented, the lawsuit may be declared inadmissible, or the plaintiff may be required to rectify the omission within a limited period. Negotiation attempts initiated only during the rectification period will not be accepted. Additionally, unjustified refusal to participate in prior negotiation can result in the party being required to pay full legal costs.

In conclusion

This new regulation demands a change in litigation strategy, emphasizing prevention, detailed documentation, and rigor during pre-litigation phases. Especially in specialized fields like industrial property, proactive, carefully documented negotiations will become crucial to ensuring the viability of future judicial actions.