MASC after Organic Law 1/2025: what they are, when they are mandatory, and how they affect you.
From the April 3, 2025, if you want to submit a civil or commercial lawsuit In Spain, in most cases You must first prove a real attempt at out-of-court negotiation.: what the law calls Appropriate Means of Dispute Settlement (AMS)If you don't, the court may reject the claim.
1) What counts as MASC?
The law considers MASC to be any negotiating activity undertaken in good faith to seek an agreement, with or without a neutral third party. The following meet the requirement, among others:
- Mediation either conciliation (private or before a notary, registrar, LAJ or justice of the peace).
- Confidential binding offer (formal proposal that, if the other party accepts, binds the person who made it).
- Neutral opinion of an independent expert.
- Direct negotiation between the parties or between their lawyers, and Collaborative law.
2) When is it mandatory to attempt a MASC?
In general, before all declaratory proceedings (ordinary and verbal) and special proceedings of the LEC, with some exceptions.
It can also be ordered intrajudicial referral to MASC at any time during the procedure.
Main exceptions (no prior MASC):
- Civil protection of fundamental rights.
- Urgent measures for the protection of minors (art. 158 CC).
- Judicial support measures for people with disabilities.
- Filiation, paternity and maternity.
- Summary guardianship of possession.
- Demolition or demolition due to ruin with danger.
- Admission of minors with behavioral problems, international restitution of minors.
- Exchange trial.
MASC is not required for: enforcement proceedings, preliminary injunctions, preliminary proceedings, voluntary jurisdiction (except for some family cases), European order for payment, and European small claims procedure.
Be careful with the monitor: The law does not exempt it, so in principle for the “national” monitoring (including horizontal property) MASC must be accredited.
Only the European order for payment is expressly excluded.
3) And in family matters?
The law allows MASC in available matters and does not require it in excluded ones (e.g., parentage).
In separations, divorces, and property or parental arrangements, the agreement can be negotiated and approved when appropriate, always respecting the best interests of the child.
4) How is the MASC attempt accredited?
It can be accredited in different ways:
- Without a neutral third party: A document signed by both parties with dates, purpose, and declaration of good faith; or proof that the other party has received your full proposal.
- With neutral third party: Certification of the mediator, conciliator or expert with identity, purpose, dates and proof of good faith (or non-appearance/rejection).
- Binding offer: proof of shipment and receipt.
- Impossibility of contact: responsible declaration, if the address or means of communication of the other party is not known.
5) Deadlines and effects on prescription/expiration
- The start of the MASC interrupts the statute of limitations or suspends the expiration until an agreement is signed or the termination is declared without agreement.
- A “no-deal” meeting is considered to occur if there is no response to the invitation within 30 days or if three months pass from the first meeting without an agreement.
- For the MASC to be considered a requirement, the claim must be filed within one year of the lack of response being established or the end of the negotiation process.
6) Do I need a lawyer at the MASC?
- In general, it is not mandatory except in the case of a binding offer (except for matters of less than €2,000).
- Either party may bring a lawyer and must inform the other party to ensure a level playing field.
- Free legal assistance covers the intervention of a lawyer in MASC when required or requested during the process.
7) Consumption: how the requirement is met
In consumer claims, the requirement is deemed to be met:
- If you made a prior out-of-court claim to the company/professional and it was unsatisfactory or they did not respond.
- If you went to the financial supervisory bodies (Bank of Spain, CNMV, DGSFP).
- If you have applied for a consumer ADR procedure (Law 7/2017).
- If you have gone to code of conduct control bodies (for example, advertising).
8) Ways to close and execute an agreement
The agreement must be formalized in writing. In order for it to have legal force, executive title, has to:
- Be raised to public deed, or
- Judicial approval when appropriate.
9) Costs and penalties: incentives for good faith
The court may:
- Modular the coasts if a party rejects a MASC without cause.
- Impose fines If bad faith or abuse of the public service of Justice is detected.
How can we help you from the office?
- We assess whether your case requires MASC or is exempt.
- We choose the MASC that best suits your situation.
- We document the attempt properly to avoid procedural problems.
- We formalize the agreement so that it is enforceable.
- If there is no agreement, we file the lawsuit within the legal period of 1 year.