Family mediation in Spain: agree the separation, custody and inheritance without a war
A separation or divorce, custody and visitation of the children, an inheritance pitting siblings against each other, a family business breaking apart… These are among the most painful conflicts — and among those that benefit most from mediation (mediación). A neutral mediator helps both sides agree, calmly and with respect, instead of tearing each other apart in court. It is voluntary and confidential. Important: in separation/divorce and in some family matters, the law requires the judge to ratify the agreement or set the measures; mediation helps you reach that agreement — it does not replace the judicial ratification where that is required.
What family mediation is
Mediation (mediación) is a way to resolve a conflict with the help of a neutral third party (the mediator), who does not decide for you: they help both sides talk and reach their own agreement.
It is governed by Ley 5/2012 on civil and commercial mediation. It is voluntary, confidential and led by an impartial mediator.
In family matters it fits agreeing a separation or divorce, custody and visitation, maintenance, the division of an inheritance among heirs, or the future of a family business.
The goal is not to “win” but an agreement both sides can keep — and that protects what matters most: above all, the children.
Who it helps
- Couples separating or divorcing who would rather settle than fight in court.
- Parents who need to agree custody, visitation and maintenance with the children in mind.
- Heirs at odds over the division of an inheritance.
- Families with a shared business that strains between partners who are also relatives.
NAVILook at my dispute — whether mediation fits and what’s next
NAVI checks if mediation (MASC) fits and what comes next.
Why it works
- It resolves with less stress, time and cost than a contested trial: days or weeks instead of years.
- The parties build the agreement themselves, so it is honoured better and family tension drops.
- It is confidential: what is said in mediation cannot be used later in court.
- It protects the future relationship — you remain parents, siblings or partners — instead of leaving wounds for years.
- Mediation is one of the MASC (adequate out-of-court dispute methods): attempting it counts as the pre-court step required before going to court, for the freely disposable part of the conflict.
The legal limit: what the judge ratifies
- In separation and divorce, the measures are governed by special rules (arts. 102 and 103 of the Civil Code): mediation helps you agree them, but the judge must still ratify the settlement or set the measures where the law requires it.
- Some family matters are not freely disposable (for example, anything affecting minors): there, mediation serves to reach an agreement the judge then reviews in the child’s best interest.
- Mediation does NOT replace judicial ratification where the law requires it; it facilitates it, arriving with an already-agreed, clear settlement.
- For what is disposable (for example, the division of an inheritance or a pact between partners of a family business), the agreement can carry enforceable force in itself.
What to prepare
- A calm summary of the conflict: what needs deciding, with whom, and what truly matters to you.
- Basic facts: children and their needs, income and expenses, assets, debts, what already worked.
- Useful documents: marital agreements, deeds, the will or partition, the business accounts.
- Your real margin: what is non-negotiable (usually the children’s wellbeing) and where you can give.
How it works with RightNOW
- You tell us the situation (what needs agreeing, with whom, what worries you). We assess whether mediation fits.
- We propose mediation to the other side tactfully, so they sit down without feeling attacked.
- An impartial mediator runs the sessions (in person or online) and helps build the agreement.
- The mediation agreement (acuerdo de mediación) is drafted with what you settled (custody, visitation, maintenance, division…) — clear and respectful.
- It is taken where the law requires: the separation/divorce settlement to the court for ratification; the disposable part can be raised to a deed as an enforceable title (título ejecutivo).
Common mistakes
- Going straight into a contested case out of pain or anger, when there was room to settle.
- Using the children as a bargaining chip: mediation is built precisely to protect them.
- Believing mediation avoids going before the judge in separation/divorce: where the law requires ratification, you must go to court.
- Agreeing verbally and never writing it down, nor taking it where the law requires.
- Letting an inheritance poison the sibling relationship for years when the division could have been agreed.
The agreement and its legal force
- The mediation agreement (acuerdo de mediación) puts in writing what the parties settled.
- For what is freely disposable (inheritance, partner pact), it can be raised to a public deed before a notary and become an enforceable title (título ejecutivo).
- In separation/divorce and in matters affecting minors, the agreement is taken to court for ratification: mediation facilitates it, but does not replace the judge’s approval where the law requires it.
- Confidentiality holds: what was discussed in mediation is not taken to court.
Tell us the family situation — we help for free
Describe what you need to agree (separation, custody, inheritance, business): NAVI assesses whether mediation fits, explains the steps and organises the mediation with respect and calm.
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Common questions
Does mediation replace the judge in a divorce?
No. In separation/divorce, where the law requires ratification (arts. 102 and 103 of the Civil Code, and anything affecting minors), the agreement goes to court. Mediation helps you reach that agreement — it does not replace judicial ratification.
Does it work for custody and visitation?
Yes, very well: it helps you agree with the children in mind. The judge then reviews it in their best interest, but arriving with an agreement already reached usually benefits everyone.
And for an inheritance among siblings?
Yes. The division of an inheritance is usually disposable: the agreement can be raised to a deed and carry enforceable force, avoiding a lawsuit among heirs.
Is it compulsory for the other side?
No. Mediation is voluntary: no one is forced to agree. But attempting it counts as the pre-court step (MASC) for the disposable part of the conflict.
Is it cheaper than a contested case?
Generally yes, and far less draining: it resolves in days or weeks, not years, and lowers family tension.
Is it confidential?
Yes. What is said in mediation is confidential and cannot be used later in court.
Can the agreement be enforced?
For the disposable part, raised to a deed, it is an enforceable title (título ejecutivo). In separation/divorce, it takes effect once ratified by the judge where the law requires it.
Official sources
- Ley 5/2012 on civil and commercial mediation — BOE
- Civil Code, arts. 102 and 103 (separation/divorce measures) — BOE
- Ley Orgánica 1/2025 (MASC, pre-court requirement) — BOE
For information only, not legal advice. Mediation is voluntary; in separation/divorce and in matters affecting minors, the judge ratifies where the law requires it. Updated July 2026.
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