Obligation to seek an agreement before trial: Law on Efficiency in Justice

Did you know that, in some cases, it is mandatory to attempt to reach an agreement before going to court? In April 2025, the Public Justice Service Efficiency Act came into force, bringing about a major change for citizens and legal professionals (lawyers, solicitors, judges, etc.). What does this law mean for someone who wants to claim a debt, resolve a dispute with their company, or initiate divorce proceedings? Is it an obstacle or an opportunity? In this article, we answer the questions that are already beginning to arise clearly and without technical jargon.

What does the obligation to attempt an out-of-court settlement entail?

The law introduces what are known as ‘appropriate means of dispute resolution’, which may include mediation, conciliation or lawyer-assisted negotiation, among others.

According to the text, resorting to one of these avenues is a prerequisite and mandatory requirement for filing a civil or commercial lawsuit. The aim is to resolve judicial delays due to the filing of numerous lawsuits in the courts.

In other words, if you want to go to court, you must first demonstrate that you have attempted to reach an agreement through one of these avenues.

What means can be used to reach an agreement?

Several means can be used, such as the following:

• Mediation regulated by the Law on Mediation in Civil and Commercial Matters.
• Conciliation. This can be carried out before a notary public, a lawyer from the Administration of Justice or a justice of the peace.
• Confidential binding offer. In this case, one person makes a confidential binding offer to another, who may accept or reject it.
• The appointment of an independent expert by the parties. In this case, the parties appoint an expert to issue a binding opinion.
• The collaborative process. In this case, each party has a lawyer who must be a practising member of the bar and accredited in collaborative law.
• Any other appropriate means of dispute resolution.

Is it mandatory to attempt to reach an agreement in all cases?

No, there are several cases in which the obligation to reach an agreement prior to trial does not apply. These are as follows:

• Labour, criminal and bankruptcy matters.
• Matters in which one of the parties is a public sector entity.
• Disputes relating to matters that are not available to the parties.
• Civil disputes that are excluded from mediation.

In civil matters, the general rule is that a lawsuit cannot be filed without prior negotiation. However, there are exceptions in several areas (cases in which prior negotiation is not necessary):

• Judicial protection of fundamental rights.
• Alimony payments.
• Adoption of support measures for persons with disabilities.
• Filiation, paternity, and maternity proceedings.
• Summary protection in cases of demolition or demolition.
• Protection of minors.
• Voluntary jurisdiction proceedings.
• Exchange proceedings.

Why is this measure being implemented?

Basically, for the reasons we have mentioned: because the justice system in Spain is overwhelmed. And, in many cases, disputes could have been resolved through dialogue and negotiation. In fact, a large number of legal proceedings end in settlement during the proceedings.

Therefore, the law seeks to avoid unnecessary trials, save costs, reduce timeframes and free up the courts to focus on truly contentious issues.

How can you prove that an agreement has been attempted?

As a result of the above, the Civil Procedure Act has been amended to stipulate that, together with the claim, a document must be submitted proving that negotiation has been attempted beforehand. Negotiation can be carried out directly or through lawyers.

Various means can be used to prove the agreement:

• If no third parties have been involved, the attempt to reach an agreement can be proven by means of a document signed by the parties, identifying the parties, the experts who have advised them, the date, the subject matter of the dispute, the meetings that have been held and a statement by the parties that they have acted in good faith in the negotiation process.
• If a third party has been involved, they will issue a certificate with the same content, and if one of the parties has not attended the meetings or has refused the invitation, this circumstance will be included in the document, together with the manner in which the summons was made and the justification for doing so.

If an agreement is reached, it can be formalised in a public deed before a notary or judicial approval can be requested, thus enabling the agreement to be enforced.

What happens if the other party refuses to participate in the negotiation?

The regulation contemplates this possibility, and if one of the parties refuses to participate or fails to appear, the requirement will be considered fulfilled. The important thing is that there is documentary evidence of this attempt. In this way, the claim can be filed directly.

What can a lawyer do for you at this preliminary stage?

In all cases, a solicitor can help you in many ways:

• Choose the most appropriate mechanism (mediation, conciliation or assisted negotiation, among others).
• Negotiate with the other party or their solicitors based on your instructions.
• Accompany you and represent your interests at all times, in meetings, telephone calls and legal proceedings.
• Prepare a lawsuit if an agreement is not possible and you have to go to court.

In short, the obligation to attempt a prior agreement regulated by the Law on Procedural Efficiency aims to change the way we understand legal disputes in Spain. Before going to court, an attempt must be made to reach an out-of-court settlement.

At G. Elías y Muñoz Abogados, we have been helping people in complex situations like yours for over 25 years. We help you decide the best way to resolve the conflict. Contact us and we will analyse your case.