Conciliation or mediation: what is the difference?
Since Spain's Organic Law 1/2025 came into force, before filing most civil claims you must first have tried to resolve the dispute through an appropriate dispute resolution method (known in Spain as MASC). Conciliation and mediation are two of the best known. They are often confused, but they work differently, and choosing well can save time and effort.
The role of the third party: who proposes solutions?
This is the main difference.
In conciliation, the conciliator listens to the parties, helps them identify points of agreement and can propose specific solutions. The parties are free to accept them or not, but they have on the table options drawn up by an impartial professional.
In mediation, the mediator is less interventionist: they facilitate communication and help the parties understand each other, but cannot propose solutions. It is up to the parties themselves to build the agreement.
Speed
Precisely because the conciliator can put options on the table, conciliation tends to be faster. The dispute can often be resolved in a single session or very few.
Mediation, on the other hand, usually takes longer and several sessions: the process focuses on restoring communication between the parties, and that takes its own time.
When is each one best?
Conciliation is especially useful when a quick solution is needed and the dispute is clearly defined: debt claims, contractual disagreements, neighbour or tenancy issues.
Mediation is a better fit when there is a long-term relationship to preserve and the parties want to be fully in charge of the solution: families, business partners, inheritances between siblings.
What they have in common
They are voluntary: no one is obliged to reach an agreement.
They are confidential.
The third party is impartial and imposes no decision.
Any agreement belongs to the parties.
Both serve as proof of the prior attempt at negotiation that the law requires before going to court.
At Conciliem we help you choose
Every conflict is different. If you are not sure which route suits you, tell us about your case and we will point you to the most appropriate option.
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