On the 3rd of April 2025 came into force the LO 1/2025, of efficiency measures for the Public Service of Justice.
Such a LO has introduced big changes not only for lawyers and law practitioners, but also for citizens at large.
One of the main changes opperated by the coming into force of the LO 1/2025 is the introduction of M.A.S.C (Medios Adecuados de Solución de Controversias / Appropriate Means of Dispute Resolution), previous to initiating a civil or mercantile proceeding before Court.
Where is the M.A.S.C regulated?
Article 2 LO 1/2025: Is any type of negotiating activity, recognized in this or other laws, to which the parties to a conflict resort in good faith with the aim of finding an extrajudicial solution to the same, either by themselves or with the intervention of a neutral third party.
What is the scope of a M.A.S.C?
In this regard, Article 3 LO 1/2025 states: The provisions of this title shall apply to civil and commercial matters, including cross-border disputes.
A sensu contrario, it falls outside the scope of a M.A.S.C the labor, criminal and bankruptcy matters, among others.
What if a party files a suit before Court and did not intend a M.A.S.C?
If a party to a proceeding does not intend a M.A.S.C beofre appearing before Court, the suit will not be admissible.
In this sense, Article 5 LO 1/2025, holds:
1. In the civil jurisdictional order, in general, in order for the suit to be admissible, it shall be considered a requirement of admissibility to have previously resorted to some appropriate means of dispute resolution of those provided for in Article 2.
Article 5 also mentions what matters do not need a M.A.S.C.
What types of M.A.S.C do exist?
There are different types of M.A.S.C.: Mediation, confidential binding offer, independent expert´s opinion, concilation, etc.
Certainly, the most suitable M.A.S.C., will have to be chosen carefully, depending on what kind of dispute shall be brought before Court.
Is it necessary to be assisted by a layer when attending a M.A.S.C?
As a general rule, it is not necessary to be assisted by a lawyer when attending a M.A.S.C, nonetheless, it is highly recommended to be assited by one.
In this sense, Article 6 LO 1/2025 states:
1. The parties may resort to any of the appropriate means of dispute resolution with the assistance of a lawyer.
2. The parties shall only be required to be assisted by a lawyer when a binding offer is used as an appropriate means of dispute resolution, except when the amount in dispute does not exceed two thousand euros or when a sectoral law does not require the intervention of a lawyer for the making or acceptance of the offer.
At KAPLAN legal we are qualified to assist our clients when attending a M.A.S.C., also, we can provide information as to what type of M.A.S.C., suits your needs best.