26 Oct The mediation agreements
Full, Partial and Unfulfilled Mediation Agreements: What Happens If a Mediation Agreement Is Not Respected?
Mediation has become a key tool for conflict resolution in Catalonia and throughout Spain, thanks to its voluntary, confidential, and cooperative nature. It is an Alternative Dispute Resolution (ADR) mechanism that allows people to manage their differences without going to court, with the assistance of an impartial and professional conflict mediator.
Mediation agreements have legal value and binding effect under Article 6 of Law 5/2012, of 6 July, on mediation in civil and commercial matters. This national law establishes that the parties may enforce a mediation agreement as an enforceable title, provided certain formal requirements are met.
In Catalonia, Law 15/2009 on mediation in the field of private law specifies and expands on these principles, adapting them to the Catalan legal system and the operation of the Centre de Mediació de Catalunya (CMC), which ensures the quality and professionalism of registered mediators.
Types of Mediation Outcomes: Full, Partial, or No Agreement
Mediation does not always end with a complete solution. The process may result in three possible outcomes:
Full agreement
When the parties reach a comprehensive agreement on all aspects of the conflict, mediation concludes successfully. This full mediation agreement records all the terms agreed upon and is the result of dialogue, collaboration, and mutual respect.
According to Article 23 of Law 5/2012, the mediator must ensure that the agreement complies with the law and the will of the parties.
A well-drafted, clear, and balanced full agreement may be elevated to a public deed before a notary or judicially approved, giving it immediate enforceable power.
Partial agreement
When only some issues are resolved, the mediation process is still valuable. A partial agreement reflects the points of consensus achieved and helps reduce the scope of the dispute, even if it does not fully resolve it.
Such agreements have the same legal validity as full agreements with respect to the matters agreed upon.
Article 22.3 of Catalan Law 15/2009 expressly states that mediation may conclude “with partial agreements, which shall have the same legal effects as full agreements in respect of the matters that are the subject of consensus.”
In practice, each partial agreement may be enforced or approved independently, while unresolved issues can continue to be negotiated or, if necessary, brought before the courts.
No agreement
If no understanding is reached, the mediation ends without agreement, and the mediator issues a closing statement.
In this case, the parties retain the right to go to court or to explore other ADR mechanisms, such as private conciliation, arbitration, or restorative justice, depending on the nature of the conflict.
Legal Value of a Mediation Agreement
A mediation agreement signed by the parties has full binding effect.
According to Article 1255 of the Spanish Civil Code, the parties may establish any terms they deem appropriate, provided they are not contrary to law, morality, or public order.
This means that a mediation agreement has the same legal value as any private contract: it creates obligations and can be judicially enforced.
Catalan Law 15/2009 further reinforces this principle in Article 27.1, which states that “the mediation agreement is binding upon the parties and has the effect of a contract.”
How to Strengthen the Enforceability of a Mediation Agreement
There are several ways to give a mediation agreement direct enforceability, so that, in the event of non-compliance, it can be enforced without starting a new court proceeding.
Public deed (notarisation)
Raising the agreement to a public deed before a notary transforms it into an enforceable title under Article 517.2.9 of the Spanish Civil Procedure Act (LEC).
Thus, if one party breaches the agreement, the other may request immediate enforcement without filing a new lawsuit.
This option is particularly advisable for financial, civil, or commercial agreements.
Judicial approval (homologation)
When the agreement involves family law or Catalan civil law matters — such as child custody, maintenance, or use of the family home — the parties may request judicial approval of the mediation agreement.
Under Article 26 of Catalan Law 15/2009, judicial approval gives the agreement the same force as a final judgment, allowing direct enforcement in case of non-compliance.
Judicial action for breach of contract
If the agreement has not been notarised or approved by a court, it still retains its contractual validity. In the event of a breach, a civil lawsuit may be filed to demand performance or compensation for damages.
Although this process is slower, the legal security of the agreement remains guaranteed under Spanish and Catalan law.
The Importance of a Clear and Balanced Drafting
To avoid future disputes, mediation agreements must be clear, complete, and tailored to the reality of the parties.
The mediator plays a key role in ensuring that the document clearly sets out the obligations, deadlines, methods of compliance, and, where appropriate, the consequences of non-compliance.
In Catalonia, such agreements can be formalised in accredited mediation centres such as Logos Media (Barcelona), the ADR Centre of the ICAB, or the Catalan Association of Mediation Professionals (ACDMA), which ensure neutrality, confidentiality, and professional integrity.
What to Do If a Mediation Agreement Is Not Respected
If one party fails to comply with the terms of the agreement, the general recommendation is to attempt renewed communication or a brief mediation session to seek a consensual solution.
If this is not possible, the available legal options are as follows:
– If the agreement has been notarised or judicially approved, immediate enforcement may be requested before the competent court.
– If it is a private agreement, it may be enforced as a contract, under Articles 1091 and following of the Spanish Civil Code.
In any case, it is advisable to consult a lawyer or registered mediator to determine the most suitable course of action, depending on the nature of the dispute (civil, commercial, or family) and the territorial scope (Catalonia or the rest of Spain).
Conclusions: Mediation as a Legal and Human Path
Whether total or partial, mediation agreements represent a significant step towards a culture of dialogue and shared responsibility.
In cases of non-compliance, the legal framework in Spain and Catalonia provides clear and reliable mechanisms for enforcing agreements, always respecting the will of the parties and the principles of mediation.
Mediation continues to establish itself as an intelligent, efficient, and humane alternative to the traditional judicial system.
A professional conflict mediator not only helps to resolve disputes but also promotes trust, cooperation, and coexistence.
Daniel Sererols Villalón
Lawyer and Registered Conflict Mediator
Registered with the Ministry of Justice, the Centre de Mediació de Catalunya and the ICAB
www.mediadorconflictos.com
Tel.: +34 661 463 306
Email: daniel@mediadorconflictos.com
Contact without obligation