Do you have to try conciliation before suing? What you need to know about MASC

Since 3 April 2025, when Spain's Organic Law 1/2025 on the efficiency of the Public Justice Service came into force, most civil and commercial claims must be preceded by an attempt at negotiation. This is known in Spain as MASC (appropriate dispute resolution methods). Here is what it means in practice.

What is MASC?

MASC is any negotiation in which the parties try in good faith to resolve a dispute without going to court, either on their own or with the help of a neutral third party. The law accepts several forms, such as mediation, private conciliation, a confidential binding offer or the opinion of an independent expert.

Is it compulsory?

In most civil and commercial matters, yes: to file a claim you must show that one of these routes has been tried. Otherwise the court will not admit the claim. There are exceptions, such as interim measures, enforcement proceedings or cases involving gender-based violence, so each case needs to be looked at individually.

What is private conciliation?

It is one of the MASC methods provided for by law. The parties meet with an independent, qualified conciliator who listens to them, helps them identify where they can agree and, where appropriate, proposes solutions. At Conciliem, conciliation is led by lawyers with more than 20 years' experience, and sessions can be held in person in Girona, Figueres and Caldes de Montbui, or remotely by video call.

What if the other party refuses to take part?

The attempt still counts. If the other party does not reply or does not turn up, you will receive a document proving that you tried to negotiate, and you will be able to file your claim. In addition, an unjustified refusal to take part in MASC can affect the award of legal costs in any later court case.

What are the advantages?

A conciliation is settled within a few weeks, whereas a lawsuit can drag on for years. It costs less, it is confidential and it lets the parties, not a judge, decide the outcome. It also helps preserve relationships that will continue after the dispute, such as family or neighbour relationships. And the request interrupts limitation periods and suspends time limits for bringing claims, so you lose no rights while you negotiate.

And if we reach an agreement?

The signed agreement is binding on the parties. If you want it to be enforceable, it can be executed as a public deed before a notary or, if court proceedings are already under way, submitted to the court for approval.

How to get started

Fill in the request form on our website or call us on +34 615 110 794. Within 48 working hours we will tell you whether conciliation is the right route for your case and give you a quote.