Mediation with a company: settle a dispute with an insurer, bank, airline or shop — without going to court

What mediation with a company is and how it works

Mediation (mediación) is a voluntary, confidential process where a neutral mediator (mediador) helps you and the company reach your own solution. The mediator is not a judge and imposes nothing — the agreement stays yours.

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Typical disputes: the insurer underpaid or refused, the bank charged a disputed fee, an airline didn’t refund a cancelled flight, a shop or marketplace won’t give money back, a utility or telecom billed you wrongly.

Mediation is one of the MASC methods (medios adecuados de solución de controversias). Since the Ley Orgánica 1/2025 an out-of-court attempt is, as a general rule, required before civil and commercial claims (art. 5.1 LO 1/2025; exclusions in art. 5.2–5.3).

The outcome is a mediation agreement (acuerdo de mediación). It can be formalised in a notarial deed (escritura) and become an enforceable title (título ejecutivo) — enforceable if the company does not comply.

Who it fits

• Anyone in a dispute with a business: insurer, bank, airline, shop/marketplace, electricity/gas/water supplier, telecom.
• Those who want their money back or the service delivered quickly — without months in court or large lawyer fees.
• Those who want to keep the relationship (for example, staying with the same bank or insurer).
• Those who must satisfy the MASC requirement (Ley Orgánica 1/2025) before suing and want to do it properly and on the record.

What you are entitled to

• To offer the company mediation — by law it is voluntary for both sides, but many companies accept to avoid court.
• To confidentiality: what is said in mediation cannot be used later in a trial.
• To the interruption of the limitation period (prescripción) and the suspension of the expiry period (caducidad) from the documented request — a MASC attempt does not use up your time limit (art. 7 Ley Orgánica 1/2025, art. 4 Ley 5/2012).
• To turn the mediation agreement (acuerdo de mediación) into an enforceable title (título ejecutivo) via a notary.
• To withdraw at any time and go to court — mediation takes nothing from you, and its documented attempt counts as your MASC.

Deadlines and the MASC requirement (Ley Orgánica 1/2025)

• Since the Ley Orgánica 1/2025 (in force 3 April 2025), civil and commercial claims need a documented out-of-court attempt — mediation satisfies it.
• A documented MASC attempt interrupts the limitation period (prescripción) and suspends the expiry period (caducidad) until it ends — so mediation does not eat your deadline. Afterwards the limitation period runs again in full; but the claim must be filed within a year of the attempt (art. 7.3 LO 1/2025).
• The underlying dispute may have its own deadlines (for example, a claim to the insurer) — check those separately; mediation does not cancel them.
• The law sets no general length for voluntary mediation, but when mediation is used as the requisito de procedibilidad before suing, it may not exceed three months from the mediator receiving the request (art. 20.2 Ley 5/2012); in practice it is usually weeks, not the months a lawsuit takes.

What to prepare

• The contract/policy/terms and your correspondence with the company (complaints, replies, refusals).
• Documents on the merits: invoices, receipts, photos, reports, proof of the underpayment or refusal.
• Your written complaint to the company (reclamación) and proof that the other side received it — with the date and the full content (a burofax with acknowledgement of receipt and certified text, delivery against signature, or the electronic channel you already used with them): that is what documents the MASC attempt (art. 10.2 LO 1/2025) — proof of sending alone is not enough.
• A figure for what you are asking (amount refunded, replacement, compensation).

How it works, step by step

• Describe the dispute to RightNOW: the company, the issue, the amount, what you’ve already done. We check whether mediation fits.
• We send the company an offer to mediate and appoint a neutral mediator (mediador).
• Sessions take place online or in person: the parties discuss the dispute and look for a solution, with the process remaining confidential.
• If you agree, you sign a mediation agreement (acuerdo de mediación) with concrete obligations.
• Optionally, the agreement can be formalised in a notarial deed and become an enforceable title (título ejecutivo).

Common mistakes

• Going straight to court without trying a MASC — under the Ley Orgánica 1/2025 the claim may be inadmissible without a documented attempt.
• Turning up with no documents and no figure — the mediator helps you agree, but the numbers and proof are yours.
• Assuming the mediator is “on your side” — they are neutral; your job is to state your claim clearly.
• Not putting the agreement in writing — a verbal deal will not become a título ejecutivo.
• Confusing this with a labour or administrative dispute — those have their own pre-court route (for example SMAC for labour), not the civil MASC.

If the company refuses to mediate

• Mediation is voluntary: the company may refuse. Your documented attempt still counts as the MASC for a future claim concerning the same subject matter, provided the claim is filed within a year of the attempt (arts. 5.1 and 7.3 LO 1/2025).
• An unreasonable refusal to engage can affect how costs (costas) are shared in court — the judge weighs good faith.
• Court remains an option: gather your evidence and correspondence, including your offer to mediate.
• Sometimes the offer to mediate itself nudges the company to settle — many accept rather than litigate.

Related guides

Common questions

Official sources