Measures for the efficiency of justice services and other measures. ADR in Spain.

Law 1/2025, of 2 January, on measures for the efficiency of the Public Justice Service (Official State Gazette of 03 January 2025), has been published, in its 76 pages, it aims to introduce numerous reforms that, as a whole, can be of great importance and, as has been usual in our legislators, it takes the opportunity to introduce provisions that affect a wide range of matters:

Alternative Dispute Resolution procedures (ADR):

Procedures that the legislator has decided to enhance, to reduce the courts workload. They are out-of court alternatives for dispute resolution. They are described as voluntary, but it will be mandatory to prove that at least one ADR procedure has been attempted as a pre-requisite to file a lawsuit – in practice, if the parties are not able to negotiate directly or through their lawyers, logically they need to go to court/or arbitration as the case may be –this prior obligation to process an ADR will in many cases imply additional procedures – with the additional time and costs– before being able to access to direct and effective judicial protection. ADR Classes:

• Mediation.

• Conciliation.

• Independent expert opinion.

• Existence of a confidential binding offer.

• Any negotiating activity, admitted in state or regional laws, directly by the parties, or their lawyers, and

• Collaborative law processes.

ADR procedures are mandatory in civil and commercial disputes, and are prohibited in criminal, labor, bankruptcy disputes, and when at least one of the parties is from the public sector.

Other reforms introduced by LO 1/2025

Likewise, this law amends 5 procedural laws: Criminal Procedure Law, Law regulating the Contentious-Administrative Jurisdiction, Civil Procedure Law, Law regulating employment disputes, Law of Voluntary Jurisdiction, and also introduces amendments and new provisions in matters relating to marriage, land legislation, condominiums, company law,  timesharing, and bankruptcy.

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