17 Jan Present and Future of Consumer Arbitration
Present and Future of Consumer Arbitration: Mediation, MASC and Alternative Justice to Guarantee Consumer Rights
Conference at the Barcelona Bar Association (ICAB) – January 14, 2026
On January 14, 2026, I attended as an observer, accompanied by Jordi Vives i Carbonell, a renowned commercial researcher and mediator, colleague and fellow professional, the conference “Present and Future of Consumer Arbitration”, organised by the Barcelona Bar Association (ICAB) through the Arbitration Commission and the Consumer Law Section.
The session was an excellent opportunity to reflect on the key moment being experienced by consumer mediation and consumer arbitration, in a context of judicial system overload.
In simple words: justice needs to breathe, and mediation and arbitration are today real, effective and human ways to guarantee access to consumer rights.
Speakers at the conference
- Jorge Azagra, President of the Arbitration Commission of the ICAB
- Sílvia Pardo Prado, President of the Consumer Law Section of the ICAB
- Isidor García Sánchez, Director of the Catalan Consumer Agency
- Carles Enric Florensa (Carles García Florensa), Professor of Civil Law and Member of the Governing Council of the Catalan Consumer Agency
- Irene Arranz, Vice-President of the Arbitration Commission of the ICAB
A special and heartfelt tribute to Mariló Gramunt Fombuena, an essential reference in consumer arbitration and in the defence of consumer rights.
Before the session began, I also had the pleasure of greeting Sofía Torres, Head of the ADR Department of the Barcelona Bar Association, as well as Maite Jornet, from the ICAB ADR team, with whom I was able to share impressions about the growing role of mediation and arbitration as MASC.
When the courts are overwhelmed: why we must invest in MASC
The Spanish Supreme Court has around 24,000 pending consumer cases.
This figure, shared during the conference, perfectly summarises the problem: the ordinary judicial route is too slow and too costly for most consumer disputes. That is why strengthening consumer mediation and consumer arbitration is not an option, but a necessity to make effective Article 24 of the Spanish Constitution, which guarantees the right to effective judicial protection.
The path of a consumer claim: from dialogue to a binding decision
The resolution of a consumer dispute follows a natural and progressive path:
- Prior claim to the company or professional. The first step is always to try to reach a direct solution.
- If there is no satisfactory response within one month, a formal consumer complaint is filed.
- Consumer mediation, regulated by Decree 98/2014 of 8 July, which establishes the Catalan system of consumer mediation. Here, a consumer mediator facilitates dialogue, manages emotions and helps the parties build an agreement.
- Consumer arbitration, if mediation does not resolve the conflict. The arbitrators decide and issue a binding arbitral award.
This process guarantees a dialogued, agile and effective resolution before reaching a final decision.
What is consumer arbitration and why is it key to alternative justice?
Consumer arbitration is a true form of alternative justice to the judicial route. It allows disputes between consumers and companies to be resolved in a voluntary, free and fast manner, with full legal guarantees.
The arbitral award has the same value as a court judgment: it has res judicata effect and constitutes an enforceable title, providing legal certainty and real effectiveness.
Mediation and arbitration: two sides of the same system
Consumer mediation is the heart of the system. Regulated by Decree 98/2014, it is the MASC proper to arbitration: a conflict mediator facilitates dialogue so that the parties can find their own solution. If no agreement is reached, arbitration guarantees an impartial and binding decision.
What is an arbitral award and why is it so important in consumer arbitration?
Award in law and award in equity: how do arbitrators decide?
An arbitral award is the final decision adopted by the arbitrators at the end of the arbitration procedure. It has the same legal value as a court judgment: it is binding, has res judicata effect and constitutes an enforceable title.
Arbitrators may decide in two different ways:
- Award in law, applying the legal rules strictly, as a judge would do.
- Award in equity, deciding on the basis of material justice, balance and protection of the consumer, seeking the fairest and most proportionate solution to the specific case.
In consumer arbitration, when nothing is specified, the award in equity is usually chosen, because it guarantees real, fast and human justice, especially suitable for everyday consumer disputes.
In all cases, arbitrators act with independence, impartiality and professionalism.
The Catalan Consumer Agency: what is it and what role does it play?
The Catalan Consumer Agency is the body of the Government of Catalonia that protects consumer rights. It informs, advises, manages consumer mediation, promotes consumer arbitration and ensures that the system works with guarantees. It is a key element for making alternative justice real and accessible.
Key data and international comparison
In Spain, going to court for amounts below €2,000 is often not worthwhile. In fact, 95% of consumer claims are below €3,000.
In Portugal, consumer arbitration is mandatory up to €5,000 for basic services, with a very positive impact on relieving court congestion.
Organic Law 1/2025 and the future of alternative dispute resolution
Organic Law 1/2025 promotes MASC as the gateway to justice, but to be effective it must be properly funded and, in particular, strengthen consumer mediation and consumer arbitration as alternative justice to the courts.
Trade, mediation and trust: the role of Sants Establiments Units
I am a member and board member of Sants Establiments Units, the association of merchants of Carrer de Sants, a benchmark commercial axis in Barcelona and one of the most dynamic neighbourhoods in the city.
Sants Establiments Units was created to defend and promote urban and local commerce, a model that has not only economic value but also a strong social and community cohesion value. The association has worked for decades to revitalise, promote and give visibility to the commercial axis, encouraging responsible purchasing, quality of service and neighbourhood consumption as a way to support the local economy and keep daily relationships between residents and shops alive.
This work is an excellent example of how dialogue, consumer mediation and alternative dispute resolution are essential tools to build healthy and trusting relationships between businesses and citizens, strengthening a local commerce model that contributes to the vitality and coexistence of the urban fabric.
Final reflection and dedication
Consumer mediation, consumer arbitration and MASC are not minor alternatives: they are real, agile, human and effective justice. Choosing a conflict mediator is choosing rights, dialogue and lasting solutions.
I dedicate this article to Josep Espinet Parés, a lawyer specialised in labour and business law, for whom I have great esteem for his professionalism, drive, kindness and the good advice he has always given me.
Professional contact
Daniel Sererols Villalón
Lawyer, mediator and private conciliator
Tel.: 661 463 306
Email: daniel@mediadorconflictos.com