The Organic Law 1/2025 establishes that, starting from April 3, 2025, parties in conflict must attempt to resolve their differences through methods such as mediation, conciliation, arbitration, or collaborative law before resorting to courts and filing a lawsuit. The goal of the law is to alleviate the burden on courts, encourage out-of-court settlements, and promote a culture of peaceful dispute resolution.
The MEDIATION PROCESS is a voluntary, quick, and flexible option for resolving conflicts in which the mediator ensures that all parties have the opportunity not only to express themselves but to amicably, quickly, and economically resolve their differences.
Mediation helps restore communication and collaboration between parties while reducing emotional, time, and financial costs, among others.
With the enactment of this new regulation, the plaintiff must submit a certificate proving that they attempted to resolve the conflict before filing the lawsuit. If this certificate is not presented, the lawsuit may be rejected.
If any of the parties refuses to participate in mediation without justification and loses the case, they may be required to cover all legal costs, including the fees associated with mediation. Judges may suggest or even order the use of mediation at any stage of the process, including appeals and enforcement actions.
It is important to highlight that if an agreement is reached through mediation, conciliation, or arbitration, it can be judicially homologated, acquiring the same validity as a final judgment.
This new law positions mediation as a central tool in the judicial system, encouraging the resolution of disputes in a more efficient, faster, and less costly manner.
Our firm offers mediation services, as we are duly qualified and registered in the OFFICIAL MEDIATORS REGISTER OF THE MINISTRY OF JUSTICE.