31 Dec Effective implementation of Organic Law 1/2025 in the courts of Catalonia
Effective implementation of Organic Law 1/2025 in the courts of Catalonia: mediation and ADR as a requirement of procedural admissibility
Today, 31 December 2025, the effective implementation in the courts of Catalonia of Organic Law 1/2025, on measures to improve the efficiency of the public justice service, begins. This is a key reform that strengthens the role of mediation, alternative dispute resolution and Appropriate Means of Dispute Resolution (ADR) within the judicial system. As reported today by 3Cat, this reform entails a profound structural change in the functioning of the courts and in the way access to justice is conceived.
This is not merely an internal reorganisation of judicial bodies. Organic Law 1/2025 introduces a new logic in the resolution of disputes, based on the idea that judicial proceedings should be the last resort, not the first.
One of the central pillars of this reform is the consolidation of Appropriate Means of Dispute Resolution (ADR) as a requirement of procedural admissibility in numerous civil and commercial proceedings.
However, an important clarification should be made in order to avoid confusion. The requirement to prove a prior attempt to use an ADR mechanism as a condition of admissibility does not begin today, but rather entered into force in April 2025. What is effectively implemented today, 31 December 2025, is the organisational restructuring of the courts and of the judicial office, with the roll-out of the new model of courts of first instance and a new way of distributing powers, resources and workflows within the Administration of Justice. This means that, before filing a claim before the courts, the parties must demonstrate that they have previously attempted to resolve the dispute through an extrajudicial mechanism.
This change fully comes into effect with the effective implementation of the law in the courts and has immediate practical consequences for both citizens and legal professionals.
ADR mechanisms include, among others, mediation, private conciliation, assisted negotiation, confidential binding offers or the opinion of an independent expert. The aim is not to impose an agreement, but to require a genuine, verifiable and good-faith attempt at dialogued dispute resolution.
Mediation, in particular, takes on a central role. It is a structured, confidential and flexible procedure in which an impartial mediator helps the parties explore their own solutions, adapted to their real needs. With Organic Law 1/2025, mediation ceases to be a marginal or merely voluntary avenue and becomes a key tool within the justice system.
The requirement of procedural admissibility does not limit the fundamental right to effective judicial protection. The parties may still bring their case before the courts if no agreement is reached. What changes is the order: dialogue must first be attempted; if this fails, judicial proceedings are then activated.
This philosophy responds to a well-known reality: many disputes that reach the courts could have been resolved earlier, with lower emotional, economic and time costs. The congestion of judicial bodies, which the law itself seeks to address, cannot be resolved solely by appointing more judges or providing more resources, but also by changing the culture of conflict management.
The implementation today of Organic Law 1/2025 in the courts of Catalonia coincides with the organisational transformation of courts into courts of first instance with specialised sections. This new model aims to gain efficiency, coherence and agility, but will only function fully if it is accompanied by a real and rigorous use of ADR mechanisms.
From a professional and social perspective, this reform represents a clear opportunity: to move towards a more modern, more preventive and more people-centred justice system. Promoting mediation and ADR is not a move against justice, but a way of strengthening it.
From today onwards, lawyers, citizens, companies and public administrations will need to take this new scenario fully into account. Proper preparation of the ADR attempt, correct accreditation of the admissibility requirement and the choice of the most appropriate mechanism in each case will be key elements of any legal strategy.
Organic Law 1/2025 is not only a technical reform. It is a paradigm shift. And it begins today.
Contact (no obligation):
Daniel Sererols Villalón
Lawyer and conflict mediator
📞 661 463 306
✉️ daniel@mediadorconflictos.com