Adequate Means of Dispute Resolution (MASC) under Organic Law 1/2025

Since 3 April 2025, Organic Law 1/2025 has made the prior attempt at an adequate means of dispute resolution (MASC) a requirement of admissibility for most civil and commercial claims (Article 5 of the Law and Article 403.2 LEC): the claimant must, as a general rule, be able to evidence a genuine attempt to resolve the dispute before filing. Recognised mechanisms include direct negotiation, mediation, conciliation, an independent expert opinion and a confidential binding offer (oferta vinculante confidencial).

The requirement extends to the national payment order procedure, while enforcement actions and certain matters listed in the Law (such as fundamental-rights, capacity or exchange-instrument proceedings) are excepted. Failure to evidence the attempt can lead to the claim being held inadmissible. For creditors, these mechanisms can also offer a faster and more cost-effective outcome while preserving commercial relationships. As the law is recent, judicial criteria on its application are still developing.

We handle the MASC step for foreign creditors —ordinarily through a documented Spanish burofax— so that the subsequent claim meets the admissibility requirement.