The recently enacted Organic Law 1/2025 introduces transcendental changes in the field of mediation, consolidating it as a fundamental pillar to improve the efficiency and accessibility of the Spanish judicial system. In a context of increasing litigation and saturation of the courts, the law seeks to promote consensual solutions between the parties, aligning with the best international practices.
This regulation is part of a broader effort to modernize the Spanish judicial system, addressed by Organic Law 1/2025 as part of the organizational efficiency reforms. In particular, the creation of Courts of Instance and Justice Offices in the municipalities reflects a clear desire to decentralize and streamline the administration of justice, bringing it closer to citizens and optimizing resources. Mediation, in this sense, is presented as a complementary tool to alleviate the burden on the courts and promote a faster and more collaborative resolution of conflicts.
We administrative managers have been training as mediators for decades, waiting for a legislative impulse like this to arrive. We are prepared for it.
In certain cases, the law establishes mediation as a mandatory step before going to court. This requirement, known as procedurality, seeks to guarantee that the parties exhaust the possibilities of agreement prior to litigation. However, exceptions are contemplated, such as processes related to fundamental rights, urgent measures for the protection of minors and voluntary jurisdiction procedures.
However, it is important to note that Organic Law 1/2025 has not been integrated into the recent Right to Defense Law. This omission could have significant implications, since the connection between mediation and the fundamental right to an adequate defense is not expressly contemplated. This gap could limit the scope of mediation as an effective tool within the access to justice framework, leaving an important opportunity for coordination undeveloped.
Mediation is defined by law as a structured and voluntary procedure in which two or more parties attempt to reach an agreement with the intervention of a neutral mediator. This process is designed to guarantee confidentiality, good faith and the active participation of the parties, encouraging constructive dialogue.
The new regulations expand the scope of mediation to the areas of civil and commercial disputes, including those of a cross-border nature. However, it excludes labor matters, bankruptcy matters and those in which public sector entities intervene. This distinction highlights the need for specific treatment for each type of conflict, ensuring the adaptation of the mechanism to the nature of the controversy.
In certain cases, the law establishes mediation as a mandatory step before going to court. This requirement, known as procedurality, seeks to guarantee that the parties exhaust the possibilities of agreement prior to litigation. However, exceptions are contemplated, such as processes related to fundamental rights, urgent measures for the protection of minors and voluntary jurisdiction procedures.
In addition, the law introduces a system of tax incentives for those who opt for mediation and penalizes abuse of the judicial system. This last concept, new in the legal system, aims to penalize the irresponsible use of justice when there are clear consensual alternatives.
The agreements reached in mediation can be elevated to a public deed or judicially approved, acquiring the same effectiveness as a final judgment. This advance reinforces legal security and gives greater confidence to the parties in the process.
Digitalization is an essential component of this reform. The mediation may be carried out using telematic tools, facilitating remote participation and reducing the costs and times associated with the process.
Lawyers, notaries, registrars and other professionals play a central role in the development of mediation. Their role is not only to advise the parties, but also to ensure that the principles of transparency and confidentiality are respected throughout the process.
In this context, administrative managers also play a crucial role. As advisors to hundreds of thousands of clients, administrative managers are in a privileged position to guide and support people and companies that could benefit from mediation. Your ability to facilitate access to this tool can be decisive in decongesting the courts and promoting quick and effective solutions to conflicts.
Despite the significant advances it introduces, the law also faces criticism for the lack of concrete measures to promote a true “culture of mediation” in Spain. Although incentives and procedural mechanisms are contemplated, the success of this tool will depend largely on the training of professionals, the awareness of citizens and the active involvement of all parties involved. Without these elements, there is a risk that mediation will continue to be a minority option rather than a real alternative to litigation.
Organic Law 1/2025 not only strengthens mediation, but also opens the door to other conflict resolution mechanisms, such as private conciliation and the opinion of independent experts. This approach seeks to transform access to justice into a more effective, accessible and sustainable public service.
With this reform, Spain aligns itself with European and international standards, reinforcing citizen participation in conflict resolution and promoting a culture of mediation.
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