Conciliation

To discuss conciliation, let’s start by putting it in context:

What are ADR mechanisms?

Organic Law 1/2025, of 2 January, on efficiency measures for the Public Justice Service, has brought about a comprehensive transformation of the structure of our justice system and has introduced Adequate Dispute Resolution Mechanisms (ADR), which are presented as an alternative or complement to traditional jurisdiction, allowing the parties to reach agreements and thus avoid contentious court proceedings.

Prior to that Law, the Spanish legal system had already addressed figures such as arbitration and mediation, although with limited practical impact.

The turning point has come with Organic Law 1/2025, which establishes the prior attempt at an ADR mechanism as a procedural requirement for admitting a claim in most civil and commercial proceedings.

Types of ADR in Spain:

.- Mediation

.- Conciliation

.- Confidential binding offer

.- Negociación directa o por medio de abogados o en un proceso de Derecho colaborativo

.- Independent expert opinion.

What does conciliation involve?

It is a voluntary and confidential procedure, governed by good faith, in which two or more parties in dispute seek to reach an agreement with the help of an impartial third party -the conciliator- who may put forward proposals for a solution without any power to impose them. The conciliator, who must be a person with technical or legal knowledge related to the matter at hand and registered as a practitioner in the corresponding professional association, plays an active role, guiding the parties towards viable agreements.

Consequently, my professional activity as a conciliator involves applying legal knowledge and negotiation experience to put forward legally sound and effective solutions. Our legal system allows the conciliation agreement to become legally enforceable by means of a formal record before the Clerk of the Court, a notarial deed, or its incorporation into judicial proceedings through court approval.

The advantages of resolving a dispute through conciliation or another type of ADR mechanism are undeniable, as it is settled efficiently, with a lower financial cost, more quickly and with less emotional wear and tear.

The paradigm of dispute resolution has changed and we should not fail to take advantage of the tools our current legal framework offers us. Get in touch with me — I will answer your questions and we will look together for the best option.