15 May The 17 Criteria of Admissibility in Spain

The 17 Criteria of Admissibility in Spain: Barcelona’s Contribution to a More Dialogical Justice.

The approval of Organic Law 1/2025 marked a turning point in Spain’s legal culture by introducing admissibility as a prior requirement in certain legal proceedings. This measure obliges parties to attempt an alternative resolution to their conflict before filing a claim in court.

As of today, there are 17 admissibility criteria identified throughout Spain. Barcelona has emerged as a pioneering territory in this regard, contributing 4 key criteria, which we explain in more detail below.

What is admissibility?

Admissibility is a legal requirement that conditions the acceptance of a lawsuit on having previously attempted an out-of-court resolution of the dispute through an Appropriate Dispute Resolution Method (ADR), such as mediation, conciliation, or arbitration.

This mechanism aims to ease the burden on courts, promote a culture of dialogue, and provide faster, more cost-effective solutions tailored to the needs of the parties.

Barcelona as a model: 4 key admissibility criteria

1. Admissibility criterion of the Family Courts of Barcelona (Agreement of April 4, 2025)
   The Family Courts of Barcelona unanimously approved an agreement requiring a prior attempt at negotiated resolution in special procedures under Book IV of the Spanish Civil Procedure Act. This criterion applies, for example, to:
   • Modifications of custody or support measures.
   • Disputes over child custody or visitation rights.

   Exceptions: The requirement does not apply in urgent cases (Article 158 of the Civil Code), filiation, paternity/maternity claims, support for people with disabilities, or in situations of risk or emergency.

   The goal is to provide a genuine opportunity for dialogue before entering litigation, especially in contexts where the parties have ongoing personal relationships (such as co-parenting or cohabitation).

2. Agreement of the Court Clerks (LAJ) of Barcelona and surrounding areas
   Court Clerks (LAJ) in Barcelona and its province have agreed on a unified criterion for applying the admissibility requirement under Organic Law 1/2025. This agreement states that, before a lawsuit can be admitted, parties must prove that they attempted a negotiated resolution, such as:
   • Participating in an informational mediation session.
   • Submitting a prior negotiation proposal.

   This criterion not only enhances the efficiency of the justice system but also empowers parties to shift from confrontation to collaboration in resolving their disputes.

3. Two criteria promoted by Civil and Commercial Courts in Barcelona
   Several civil and commercial courts in Barcelona have begun applying admissibility criteria in areas such as:
   • Neighbor disputes (e.g., noise complaints, renovations, or community fees).
   • Conflicts between SMEs or self-employed professionals, especially where there is an ongoing or potential business relationship.

   In these situations, a prior attempt at a negotiated solution is seen as a way to preserve relationships and avoid unnecessary escalation of conflict.

A cultural shift in motion

Admissibility criteria are not a hurdle—they are an opportunity: a space to lower tensions, foster understanding, and find mutually agreed solutions before entering a long and costly judicial process.

Barcelona, with the active involvement of judges, clerks, and legal professionals, is proving that another way of administering justice is possible—more dialogical, more human, and more efficient.

As mediators, lawyers, and legal professionals, we have both the opportunity and the responsibility to promote this new reality and guide people toward more sustainable solutions.