Bill to speed up court cases and encourage settling before suing

Automatic summary, not yet reviewed

1. The bill would generally require trying an out-of-court negotiation (mediation, conciliation, a binding offer or an expert opinion) before filing a civil lawsuit, except in excluded matters such as fundamental rights, filiation or support measures for people with disabilities.
2. It would regulate private conciliation, confidential binding offers and independent expert opinions as ways to settle a dispute before trial, with rules on confidentiality, fees and how to prove that negotiation was attempted.
3. Agreements reached in these negotiations would be binding and, if notarized or approved by a court, could be enforced like a judgment.
4. It would penalize abuse of the public justice service: a party that refuses to negotiate without just cause or files unjustified claims could pay court costs or fines of 180 to 6,000 euros.
5. In criminal matters, it would create a preliminary hearing before trial to resolve issues and facilitate plea agreements, removing the six-year prison limit for convicting without trial, and would set up a voluntary, confidential restorative justice system.
6. In civil matters, it would expand the simplified oral procedure (juicio verbal) to claims up to 15,000 euros and more subject matters, allow oral judgments, create test-case procedures and extension of judgment effects in mass litigation, and require a prior out-of-court claim in floor-clause lawsuits.
7. In labor and administrative-review cases, it would introduce test-case procedures, extension of judgment effects, a bigger role for the court clerk in conciliation, and administrative case files in electronic format.
8. It would add protections for older people: those 65 or older would count as older persons, with guaranteed adjustments for those 80 or older and priority handling of their cases.

Who it affects

• People filing civil or consumer lawsuits: They would have to try to negotiate first and could face costs or fines if they refuse without cause.
• People investigated or accused in criminal cases: They could reach plea agreements with no six-year limit, with preliminary hearings before trial.
• Victims of crime: They could access restorative justice and would receive better information about their rights.
• Older people and people with disabilities: They would get procedural adjustments, plain language and priority handling from age 80.
• Workers and companies in labor disputes: Conciliation, case joinder and appeals would be streamlined, with test cases and extension of effects.

Words worth knowing

Requisito de procedibilidad

A requirement that must be met before filing a lawsuit for the court to admit it.

Medios adecuados de solución de controversias

Ways to resolve a dispute without trial, such as mediation or conciliation.

Conformidad

When the defendant accepts the sentence agreed with the prosecutors, so no trial is needed.

Procedimiento testigo

A representative case is tried first and the others are suspended until that judgment is final.

Extensión de efectos

Allows a final judgment to benefit other people in the same situation without a new trial.

It summarizes the drafting committee report. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries