26 Jul The requirement of procedibility: a guarantee of access to justice… if done properly

The requirement of procedibility: a guarantee of access to justice… if done properly

Since the Organic Law 1/2025 came into force, the Spanish legal system has undergone a paradigm shift with the introduction of the requirement of procedibility in certain judicial proceedings. This change aims to promote ADR mechanisms (appropriate dispute resolution methods) as effective, agile and collaborative tools to resolve conflicts before going to court. However, its implementation is not without challenges.

In a recent LinkedIn post titled “⚖️ REQUIREMENT OF PROCEDIBILITY: useful if done right, risky if improvised”, I warned precisely about the risks of poor practice or improvisation in this new context.
👉 Read the post on LinkedIn

What is the requirement of procedibility?

It is a mandatory precondition that, in certain legal matters, requires that an attempt at extrajudicial resolution — through mediation, conciliation, or other ADR methods — be made before filing a claim in court.

It is not a mere formality: compliance with this requirement may determine whether a lawsuit is admitted. If not done correctly, the court may reject the case.

What cases does it apply to?

The law (*) outlines 17 situations where this requirement applies, including:

• Family disputes (when no gender-based violence is involved).

• Monetary claims through order for payment procedures between individuals.

• Disputes between homeowners’ associations and residents.

• Conflicts in the labour, commercial, or consumer sectors, depending on the situation.

Some of these have been defined by Barcelona courts, others through court clerk decrees or specific jurisdictions, showing the complexity and evolution of the legal framework.

What does “doing it right” mean?

Fulfilling this requirement is not just about sending a formal notice or expressing a willingness to negotiate. As a colleague recently shared:

“I’ve already referred some cases to mediation because otherwise, you risk rejection. In family cases, a registered letter isn’t enough (mediation is required), and some colleagues say even payment procedures are being refused between parties…”.

Therefore, it is essential that the informative session or chosen process:

• Is properly documented.

• Meets all deadlines and formal requirements.

• Is conducted by a qualified and registered professional.

What can a professional mediator do for you?

As a registered mediator in the official registries of Catalonia and Spain, I offer my services to:

• Correctly handle the certificate of procedibility.

• Conduct informative sessions or effective mediations, depending on the case.

• Ensure compliance with the law safely, transparently, and rigorously.

Why is this important?

Because if we don’t want ADR to become a procedural trap, it is essential to do it well and not improvise. This new legal requirement, when properly understood and applied, can be a powerful tool to improve access to justice, ease the burden on courts and empower the parties in conflict.

📩 If you are a lawyer or represent a legal firm and have doubts about how to properly apply this requirement, feel free to contact me:

daniel@mediadorconflictos.com

I’m here to help you get it right — for your clients, for our profession, and for the health of the justice system.

(*) Although Organic Law 1/2025 does not literally list seventeen cases of procedibility, it does introduce the obligation to prove that an ADR (appropriate dispute resolution mechanism) has been attempted in several types of legal proceedings.

This obligation has been developed by judges, court clerks and legal scholars, who have identified up to 17 practical cases where the requirement of procedibility must be fulfilled.

These include family disputes (where no gender-based violence is involved), monetary claims between private individuals, conflicts between neighbors or homeowner associations, and other areas such as consumer rights, urban leases or business relations between SMEs.

This classification is not set out in any official annex, but it is widely accepted by legal professionals and applied in practice. The Barcelona courts have played a particularly pioneering role in interpreting and consolidating clear criteria in this field.