28 Nov Is Mediation Worth Considering Before Going to Court?

Is Mediation Worth Considering Before Going to Court?

The entry into force of Organic Law 1/2025, applicable from April 2025, has significantly changed the way conflicts are managed in Spain. The new regulation introduces the obligation to engage in an Appropriate Dispute Resolution Mechanism (ADR/MASC) in many procedures, with mediation standing out as a fast, effective and human-centred option.

More and more individuals, families, homeowners’ associations and organisations of all kinds are discovering that consulting a professional mediator before initiating court proceedings is not only a legal requirement in many cases — it is also the smartest way to resolve conflicts without turning them into a judicial confrontation.

The key question remains: Is it worth going to mediation before going to court?
In the vast majority of situations, the answer is yes. Here’s why.

1. Mediation vs. Litigation: a real comparison of costs, timeframes and emotional impact

Economic Costs

• Mediation:
  The price typically ranges from 50 to 150 euros per session, depending on the complexity of the case and the number of people involved. Most disputes are resolved in two to four sessions, meaning the overall cost is low.
  Costs are usually shared between the parties, and there is no risk of being ordered to pay legal costs, which further reduces the financial burden.
• Litigation:
  A civil court case can cost between 2,000 and 10,000 euros, taking into account lawyers’ fees, court representatives, experts and potential appeals.
  Added to this is the risk of being ordered to pay the opposing party’s legal costs, which can double or triple the initial investment.
  In short, litigation can be five to twenty times more expensive than mediation.

Resolution Times

• Mediation:
  Most disputes can be resolved within two weeks to two months, thanks to flexible scheduling and the absence of bureaucratic delays.
• Litigation:
  A civil case usually takes one to three years. In more complex matters or cases involving appeals, the timeframe may reach four to six years.
  Court congestion, adjournments and procedural bureaucracy significantly lengthen the process.

Emotional Impact

• Mediation:
  It creates a safe, confidential and structured environment where people can express themselves freely, listen to each other and rebuild communication.
  It reduces tension, supports balanced agreements and protects future relationships.
• Litigation:
  Court proceedings often generate stress, uncertainty and a confrontational atmosphere that seriously damages relationships.
  The “winner-loser” dynamic and lengthy timeframes heighten emotional exhaustion.

2. When is mediation particularly useful?

Mediation can effectively and rapidly resolve conflicts such as:

Personal and Family Conflicts

• disagreements between couples,
• communication problems,
• organisation of care and family responsibilities,
• parenting agreements (when no violence is involved).

Neighbourhood and Homeowners’ Association Conflicts

• noise disturbances,
• improper use of common areas,
• unpaid fees,
• tensions between neighbours,
• disagreements with property management.

Conflicts within Organisations of All Types

(businesses, political parties, sports organisations, unions, associations, foundations, etc.)

• internal disagreements,
• communication issues within teams,
• tensions in decision-making processes,
• deteriorated workplace relationships.

Unpaid debts and other situations where mediation is required

Under Organic Law 1/2025, in many monetary claims and economic disputes it is mandatory to attempt an ADR/MASC process before going to court.
Mediation, in addition to complying with the law, avoids long, costly and draining judicial proceedings.

3. Key Advantages of Mediation

• Fast: not dependent on court backlogs.
• Cost-effective: significantly lower costs.
• Flexible: adapted to the people and the conflict.
• Confidential: what is discussed cannot be used in court.
• Voluntary: parties retain control over the process.
• Durable: mediated agreements are often better respected than court rulings.
• Empowering: parties participate actively in creating solutions.
• Relationship-preserving: helps maintain personal and professional relationships.

4. When can mediation not be used?

(Article 3.3 of Law 5/2012, still applicable as reference)

Mediation is not allowed in cases involving:

• Gender-based or domestic violence, when there is evidence or an open case.
• Non-disposable rights, such as civil status, parentage, legal capacity or matters affecting minors.
• Criminal proceedings, except in regulated restorative justice programmes.
• Administrative matters where the public administration cannot negotiate.
• Situations involving abuse, intimidation or significant power imbalance, preventing equal negotiation.

For the vast majority of other disputes, mediation is a highly effective and sustainable solution.

5. So, is it worth going to mediation before going to court?

Yes — without any doubt.
In most cases, mediation offers:

• less time,
• lower costs,
• reduced stress,
• greater control over the outcome,
• better long-term relationships.

Choosing a professional conflict mediator is a strategic, efficient and humane decision.

If you need mediation, I can help

I am Daniel Sererols Villalón, conflict mediator and private conciliator registered with the Ministry of Justice, the Centre de Mediació de Catalunya, the ICAB (Il·lustre Col·legi de l’Advocacia de Barcelona), and a member of ACDMA (Associació de Professionals de la Mediació de Conflictes de Catalunya).

📞 Phone: +34 661 463 306
📧 Email: daniel@mediadorconflictos.com
🌐 Website: www.mediadorconflictos.com

I am here to help you resolve your dispute quickly, fairly and with the least emotional strain possible.