How mediation works for civil and commercial disputes in Spain

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1. Mediation is a system in which two or more parties try to reach an agreement by themselves with the help of a neutral mediator. It applies to civil and commercial matters, but not to criminal, labor, consumer or public administration mediation.
2. Requesting the start of mediation suspends the deadlines for the expiration of claims, so the right to sue is not lost during mediation. If the opening session minutes are not signed within fifteen calendar days, the clock starts running again.
3. Mediation is voluntary: no one is required to stay in the procedure or to reach an agreement. The whole procedure and its documents are confidential, and mediators cannot be forced to testify in court about what was discussed, with some exceptions.
4. Mediators must hold a university degree or higher vocational training, specific training in mediation, and liability insurance. They must disclose any circumstance affecting their impartiality and are liable for damages they cause.
5. The procedure starts with an information session and an opening session, and must be as brief as possible. Costs are split equally between the parties unless they agree otherwise, and claims up to 600 euros will preferably be handled electronically.
6. The mediation agreement can become an enforceable title if it is formalized in a public deed before a notary, allowing direct enforcement through the courts. The Civil Procedure Law is also amended so judges inform parties about the option of mediation.

Who it affects

• Individuals and companies with civil or commercial disputes: They can use mediation as an alternative to going to court, through a flexible and confidential procedure.
• Mediators: They must meet training and insurance requirements, disclose conflicts of interest, and answer for their actions.
• Mediation institutions: They must guarantee transparency when appointing mediators and may offer electronic mediation.
• Professional associations and chambers of commerce: They can act as mediation institutions, in addition to arbitration.
• Law degree holders (licenciados en Derecho): They get a special regime to practice as lawyers or court clerks without the new professional titles, within certain deadlines.

Words worth knowing

Prescripción (statute of limitations)

The maximum deadline to claim a right; once it passes, the right to sue is lost.

Caducidad (expiration period)

Another legal deadline for exercising a right that extinguishes the action when it runs out.

Título ejecutivo (enforceable title)

A document that allows asking the courts to enforce what was agreed.

Declinatoria (jurisdictional challenge)

A request asking a court to decline a case because it belongs to another body or to a mediation process.

Homologación (court approval)

A judge's approval of an agreement so it has legal effects.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries