Conciliation before the court and civil mediation: resolving a conflict without a trial

Title I of Ley Orgánica 1/2025 on efficiency measures for the Public Justice Service has been in force since 3 April 2025. Its article 5 imposes a procedural requirement: in most civil and commercial lawsuits, the claim is only admitted if an appropriate means of dispute resolution (MASC) has first been attempted regarding the same subject matter to be litigated.

The requirement is met by, among others, mediation under Ley 5/2012, conciliation before the Letrado de la Administración de Justicia, conciliation before a notary (notario) or registrar, private conciliation, a confidential binding offer, the opinion of an independent expert and direct negotiation between the parties or through their lawyers (arts. 5 and 14 LO 1/2025).

Excluded from the requirement are, among others, proceedings on the protection of fundamental rights, filiation, measures under article 158 of the Civil Code, support measures for persons with disabilities, internments and certain summary proceedings and child protection proceedings (art. 5.2 LO 1/2025).

If you file the lawsuit without proving the attempt, the court will not admit it (art. 403.2 LEC). Furthermore, refusing to negotiate without cause can be considered an abuse of the public Justice service and weigh on the costs of the subsequent lawsuit.

It is a voluntary jurisdiction file regulated in articles 139 to 148 of Ley 15/2015. You submit a papeleta to the Court of First Instance of the requested person's address, today integrated into the Civil Section of the Instance Tribunal; in municipalities without a judicial seat, the submission is made at the Justice Office in the municipality, which has organisationally replaced the old Justice of the Peace courts after LO 1/2025, and the person who attempts the agreement is still the justice of the peace (art. 140 Ley 15/2015 and art. 14 LO 1/2025). There is no tasa and it is not mandatory to appear with a lawyer or a court representative (procurador).

The Letrado de la Administración de Justicia (LAJ) decides on the admission within 5 working days and summons the parties to an act that must be held within 10 days following the admission, with a minimum of 5 days between the summons and the act (art. 142). At the hearing, you present your claim, the other party replies and the LAJ seeks an agreement (art. 145).

Its effects are powerful: the presentation of the papeleta interrupts the limitation period of the claimed right, provided it is subsequently admitted, according to article 143 of Ley 15/2015 in relation to article 1973 of the Civil Code; and, if there is an agreement, the certified copy of the minutes together with the LAJ's decree (or the justice of the peace's order) carries enforcement action (arts. 146 and 147 of Ley 15/2015 and art. 517.2.9.º LEC): if the other party does not comply, it is executed like a judgment.

It is not admitted in non-disposable matters: cases involving minors or persons with support measures, nor against the State, the autonomous communities or other public administrations (art. 139.2). Labour matters have their own prior conciliation (SMAC) and criminal or administrative matters cannot be handled this way.

Mediation is a voluntary and confidential procedure in which a professional, impartial and neutral mediator helps the parties build their own agreement. It applies to civil and commercial conflicts over disposable rights: contracts, leases, communities of owners, partners, inheritances or civil liability. It does not apply to criminal, labour, consumer matters or conflicts with public administrations (art. 2 Ley 5/2012).

The process starts with the initiation request addressed to the mediator or a mediation institution. This request suspends the limitation and expiration periods of the actions; the suspension is maintained if the minutes of the constituent session are signed within the following 15 calendar days (art. 4). Then comes the informative session and, if both parties accept, the constituent session and the necessary sessions, which the law intends to be the minimum (art. 20).

Everything discussed in mediation is confidential: neither the mediator nor the parties can use it later in a trial, except for specific exceptions (art. 9). The cost is shared equally between the parties unless otherwise agreed, and the mediator can request a provision of funds (art. 15).

If there is an agreement, it can be elevated to a public deed before a notario and becomes an enforceable title; if there was already an ongoing lawsuit, it is approved by the court (arts. 23 and 25). The mediator must have a degree, specific training and civil liability insurance; you can check their registration in the Registry of Mediators and Mediation Institutions of the Ministry of Justice (REMEDIA search engine).

Conciliation before the LAJ has no tasa: it is a voluntary jurisdiction file and does not require a lawyer or procurador. Its only real cost is preparing the papeleta well, because the attempt's validity as a requirement to sue and the enforceability of any agreement depend on its drafting.

In mediation, the fees of the mediator or the institution are paid, in halves unless otherwise agreed. There is no single official rate: each mediator or institution sets its own, and is obliged to inform you of the cost in the initial session. If the agreement is made public, the corresponding notarial fee is added.

In terms of time, the law wants both routes to be fast: the conciliation act must be scheduled within 10 days following admission (practice varies depending on each court's workload) and, for the purposes of the procedural requirement, the negotiation is understood to have ended without agreement if 30 calendar days pass without a response or 3 months from the first meeting (art. 7 LO 1/2025). A declaratory lawsuit, on the other hand, is measured in many months or years depending on the court.

Managora's fees for drafting and submitting your conciliation papeleta or your mediation application are updated on the page for each procedure.

If a neutral third party intervened (LAJ, mediator, private conciliator, notario or registrar), the attempt is proven with the document issued by that third party: in conciliation, the certification of the decree declaring the act finished without agreement or attempted without effect; in mediation, the final minutes or the institution's certification (art. 10 LO 1/2025, which regulates how the attempt is documented and proven).

If you negotiated directly, including through lawyers, a document signed by both parties containing the identity of the participants, the subject of the dispute, the dates and a responsible declaration of having acted in good faith is sufficient. And if the other party does not even reply, it is enough to prove that they received the request (or the communication attempt) and that 30 calendar days passed without a response.

This document is attached to the lawsuit. Pay attention to 2 details: the negotiated subject must match the subject of the lawsuit, and the lawsuit must be filed within 1 year following the termination of the attempt without agreement (art. 7.3 LO 1/2025); after that year, the attempt expires and must be renewed.

Managora studies your case, advises you on which of the 2 routes is best and drafts the document that opens the procedure: the conciliation papeleta, with the subject defined so that it interrupts the limitation period and the agreement is enforceable, or the mediation initiation request addressed to the appropriate mediator or institution.

We take care of the submission to the competent body or mediation institution and leave the file ready for your appearance: what documents to take and what to ask for so that, if there is no agreement, you leave with the certification that allows you to sue.

Order your civil conciliation before the LAJ or your civil mediation application now: you can see the updated amount on the page for each procedure and start today. Managora prepares and submits it for you.