Mandatory pre-trial settlement (MASC) in Spain: what changes before going to court
Since 3 April 2025, being right is no longer enough to go to court in a civil matter in Spain. Organic Law 1/2025, on measures for an efficient public justice service, requires first attempting an appropriate dispute resolution method (MASC). If this cannot be proved, the claim may be rejected. Here is what it means in practice for anyone with a dispute in Albacete, Villarrobledo or anywhere in Castilla-La Mancha.
What is a MASC
It is any good-faith negotiation in which the parties try to reach an agreement before trial, with or without a neutral third party. The law mentions, among others:
- Direct negotiation between the parties or their lawyers.
- Mediation, with a professional mediator.
- Conciliation, before a notary, registrar, court clerk or justice of the peace.
- A confidential binding offer: a specific proposal that is binding if accepted.
- The opinion of an independent expert, or collaborative law.
When it is mandatory
As a general rule, in civil and commercial declaratory proceedings: money claims, disputes between heirs, leases, contracts, damages, owners’ associations, and many family matters.
There are exceptions, such as the protection of fundamental rights, certain proceedings concerning minors or support measures for people with disabilities, or where one party is a victim of gender-based violence. Each case must be checked.
How it is proved
The claim must be filed with a document proving the attempt: a mediator’s record, a conciliation certificate, or verifiable communications between lawyers showing the proposal and the reply (or lack of one). Unrecorded calls or vague messages do not count. If the other party does not reply within the legal period, the requirement is also met.
Consequences for legal costs
The law rewards good faith. If the other party refused to take part in the MASC without justification, or the judgment substantially matches an offer they rejected, the judge may take this into account when awarding costs. Negotiating well from the start protects you financially even if the case ends up in court.
Is it bad news?
Not necessarily. Done properly, a MASC lets you:
- Resolve in weeks what would take months in court.
- Save on fees and expert costs.
- Preserve relationships, which matters a great deal between relatives, business partners or neighbours in the same town.
The risk lies in treating it as a mere formality: a weak or poorly documented proposal can work against you.
How we help
We prepare the proposal, send it in a verifiable way, negotiate with the other party or their lawyer and, where useful, propose mediation. If there is no agreement, we file the claim with the requirement met. We see clients in Albacete and Villarrobledo, by video call across the area, and can assist you in English.
Frequently asked questions
Do I need a lawyer for the MASC?
It is not always compulsory, but in a lawyer-led negotiation the proposal carries more weight and is properly documented for trial.
How long must I wait for the other party?
The law sets short reply periods; if they do not answer, the attempt is deemed made and you can file the claim.
Does the MASC stop the limitation period?
Yes. Starting a MASC interrupts or suspends limitation and time-bar periods, depending on the case.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
