The past January 3 Organic Law 1/2025, on measures regarding the efficiency of the Public Justice Service, was published in the Official State Gazette. It is known as "judicial efficiency law", seeks to introduce two reforms, one in terms of organizational and another procedural, with the aim of improving resource management and streamlining the workload in courts and tribunals. Since Escalante & Pérez Lawyers, we tell you the key aspects of this reform.
Objective of the Judicial Efficiency Law
The main objective of the judicial efficiency law is that justice be more modern, accessible and sustainableIn this sense, the Organic Law 1/2025 It aims to solve problems in the structure of the Spanish justice system, such as the overcrowding of courts and tribunals; territorial inequality in access to justice and the lack of technological resources.
On the one hand, the law aims to modernize the organization of the judicial system, through the creation of Courts of First Instance. It also seeks, as we mentioned, to reduce territorial inequality by opening new Justice Offices in the municipalities wherever necessary. Furthermore, the new law aims to promote digitalization, making justice more agile and accessible.
New requirement for mandatory negotiation before filing a lawsuit
Organic Law 1/2025 introduces a requirement as to procedurality It refers to. This is a procedure that must be done prior to the filing of the claim and consists of the negotiation either attempt at negotiation between the parties, a requirement that is known as MASC or Alternative Means of Conflict Resolution.
The new law of procedural efficiency seeks to the parties reach an agreement through a process of mediation, conciliation either arbitration, so that they can resolve their conflicts. Something that would undoubtedly reduce the volume of proceedings carried out in the courts. These are the prerequisites to file the claim and which are found in the articles 7, 9 and 10 of the aforementioned law:
- Provide, along with the demand, the documentation that proves having carried out or attempted a prior negotiation.
- In case of negotiation, a document signed by the parties which includes your identification data, that of the professionals who helped with the negotiation, the date, the object of the controversy, the dates of the meetings and the responsible declaration that the parties have participated, in good faith, in the negotiation process.
- In case there has been a attempt at negotiation, but if no agreement has been reached; or if there has been negotiation, but it is not possible to provide the document, any document proving that the other party has received the request or invitation for negotiation may be attached. It is also possible, where appropriate, to provide the proposed agreement.
- It is possible to file the claim after sending the request or invitation for negotiation, only after 30 calendar days from the date of receipt of the request and provided that the first meeting to reach an agreement has not been held or if there is no written response. The within one year, from this date, in order to file the claim.
- In the event that a negotiation meeting must have elapsed three months, from the first meeting and without any agreement. The deadline can be reduced provided the parties communicate with each other. in writing, ending the meetings without agreement. There is, at this point, a exception. If after a meeting, one of the parties sends the other a specific agreement proposal and in case there is no written response, in a within 30 days of receipt, the claim may be filed.
It is not necessary for the parties to have the assistance of a lawyer during negotiations, but it is mandatory when it comes to the drafting a binding offerIn these cases, the lawyer must prepare them as long as the amount of the matter to be resolved is greater than 2,000 euros.
The law of judicial efficiency specifies that it will not be necessary to have a attempt at negotiation in certain cases, such as precautionary measures, preliminary proceedings, civil protection of fundamental rights, exchange trials, etc. It is important to highlight that if the counterparty is unlocated and it is not possible to notify you of the negotiation request, then the same procedure as in cases of non-location by the court must be applied.
Finally, as we already mentioned, the judicial efficiency law will come into force on April 3. If a claim is filed before this date, it will not be necessary to prior negotiation (or attempt at it). But, if the demand is after the date in question, then it will be mandatory to make an attempt at negotiation.
Alternative dispute resolution methods in the Judicial Efficiency Act
One of the most important aspects of the judicial efficiency law is that it seeks promote extrajudicial solutions such as mediation and arbitration. This measure, in particular, will free up the workload of the courts and reduce legal costs. In addition,encourages citizen participation in conflict resolution through the aforementioned mechanisms. This measure will come into effect on January 1, 2026. As we mentioned, these are the MASCWhat are these alternative conflict resolution mechanisms?
Mediation
The mediation It is an ADR in which two or more parties voluntarily attempt to reach an agreement with the intervention of a mediating personThe mediator's objective is to facilitate dialogue and a impartial agreement, as well as a neutral attitude, but without making any proposals. The agreement reached through mediation is confidential.
Conciliation
The conciliation is carried out by a expert (conciliator), who has technical or legal knowledge related to the subject of the conflict. The conciliator is the one who helps the parties reach an agreement agreement, because it is allowed to do so proposals to end the dispute. It should be noted that conciliation can be public either private and can carry it out:
- The justices of the peace, when it comes to matters of lesser importance 6,000 euros.
- The lawyers of the Administration of Justice, in accordance with the Law of Voluntary Jurisdiction.
- Notaries, according to the Notarial Law.
- Property Registrars, as provided by the Mortgage Law.
- It can be carried out by judges and lawyers of the Administration of Justice, during the process.
Negotiation
In the negotiation, the parties may reach an agreement directly, either between themselves or with the assistance of a legal advisor or lawyer. In the event of an agreement being reached, the controversy ends, but if this is not the case, then the parties can go to court.
Collaborative law
The law on judicial efficiency also establishes that the parties may avail themselves of a collaborative law processIn this case, they may be accompanied by a practicing legal professional and registered in a Bar Association, accredited in collaborative law and with the intervention, if applicable, of neutral third parties experts on the subject matter of the controversy.
After the collaborative process, the lawyers must draft a final reportThe document will contain information about the parties, the professionals involved, the sessions held and the agreements adoptedIssues on which agreement could not be reached will also be mentioned.
Confidential binding offer
Either party may propose a confidential binding offer to the other. Once this offer is expressly accepted, both parties are obliged to comply with it. The acceptance of the offer has a character irrevocable. The offer, as well as its acceptance, must record the identity of the offeror, its effective receipt and the date on which the receipt takes place, as well as the content.
The binding offer is of a confidential and, if applicable, rejected either not expressly accepted on the other hand, within the period of a month, will lapse. When this occurs, the requesting party may bring the corresponding action before the competent court. In this case, it will only be necessary submit the offer to the other side.
Opinion of an independent expert on the law of judicial efficiency
Another of the alternatives proposed by the law of judicial efficiency is the opinion of an independent expert. Here the parties reach an agreement to appoint an expert in the matter to issue an independent report of a technicalIf the parties agree with the report, they can reach an agreement and end the conflict. If not, then they must go to court or tribunal.
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