Commercial Mediation

Do you have a dispute with an individual or a company? In many civil and commercial proceedings, prior to going to court, it is necessary to first attempt a negotiated solution. Our mediation service allows you to fulfill this requirement while striving to achieve a swift, confidential solution at a lower cost than judicial proceedings.

Mediation is a procedure whereby two or more parties attempt to resolve a dispute with the intervention of a professional, neutral, and impartial mediator.

The mediator does not decide who is right nor do they impose a solution. Their role is to facilitate communication and negotiation between the parties in order to attempt to reach an agreement that resolves the dispute, without having to resort to court.

Is it necessary to attempt a solution before filing a lawsuit?

In many civil and commercial matters, yes.

Since the entry into force of Organic Law 1/2025 on measures regarding the efficiency of the Public Justice Service, it is generally necessary to prove that an Appropriate Dispute Resolution Method (ADR / MASC) has been previously attempted before certain lawsuits can be filed in civil courts.

Mediation is one of the procedures expressly recognised by Spanish legislation to fulfil this preliminary requirement.

Therefore, if you are considering initiating legal action, we can analyse your situation and determine whether mediation is suitable for your case.

Please note that attempting mediation does not mean you are obligated to accept an agreement. If it is not possible to reach a solution, the mediation can be concluded and, when applicable, you may subsequently proceed with the legal claim.

In what matters can we help you?

Our civil and commercial mediation service can be used, among others, for disputes related to:

• Breach of contracts.
• Claims for amounts and debts.
• Disputes between private individuals.
• Conflicts between companies, suppliers, or clients.
• Disagreements between partners/shareholders.
• Leases and rentals.
• Properties and co-ownerships.
• Disputes between property owners.
• Inheritances and certain controversies among heirs.
• Property purchases and sales.
• Provision of services.
• Commercial disputes.
• Other civil or commercial conflicts open to negotiation.

If you are unsure whether your case can be submitted to mediation, our team can review the nature of the dispute beforehand.

How does mediation work?

One of the parties can contact us and briefly explain the dispute.

Once it is verified that the matter is suitable for mediation, the other party can be contacted to formally propose the initiation of the procedure.

The mediator will organise the necessary sessions, which can be held in person or, when appropriate, via videoconference.

During the sessions, the mediator will help the parties identify the main points of disagreement, evaluate potential solutions, and negotiate the terms of a possible agreement.

What happens if we reach an agreement?

If the parties manage to fully or partially resolve the dispute, the agreed terms will be recorded in writing in a mediation act/protocol.

The agreement will be binding on the parties and, when necessary, can be formalised subsequently to grant it executive force.

This allows the conflict to be resolved without the need to continue with a judicial procedure.

What if we do not reach any agreement?

There is no obligation to reach an agreement.

If either party considers that the proposals made are not satisfactory, the mediation can end without an agreement.

When the mediation has been carried out in accordance with legal requirements, it can serve to prove the prior attempt to resolve the controversy and allow, when applicable, subsequent recourse to the courts.

Is mediation confidential?

Yes.

Mediation is a confidential procedure. As a general rule, conversations, proposals, and documentation used during the procedure cannot subsequently be used freely by the parties outside of mediation.

This allows for the negotiation of potential solutions with greater freedom and facilitates reaching agreements.

Can mediation be conducted online?

Yes.

We can organise mediation procedures via videoconference when circumstances permit.

This is especially useful for our international clients, when one of the parties resides outside of Spain, or when the parties are located in different places.

Why choose mediation?

Mediation can enable you to:

• Resolve the conflict in less time.
• Reduce the costs associated with judicial proceedings.
• Maintain confidentiality.
• Negotiate more flexible solutions.
• Avoid the uncertainty of a court judgement.
• Maintain control over the outcome.
• Comply, where applicable, with the prior negotiation requirement demanded before filing a lawsuit.

Do you need to initiate mediation?

Contact My Lawyer in Spain and explain your situation. Our team will analyse the dispute, verify if mediation is appropriate, and explain the necessary steps to initiate the procedure.

We can take charge of organising the mediation, contacting the other party, and managing the procedure with the objective of reaching a solution without the need to go to court.