Business mediation: settle a dispute between companies or partners — without commercial court
A dispute between businesses — a counterparty won’t pay an invoice (factura), a supplier broke a delivery, partners (socios) can’t agree, a commercial contract was breached, or you need to wind up a company amicably? Business mediation (mediación mercantil, Ley 5/2012) lets you settle with a neutral mediator (mediador): faster and cheaper than commercial court, confidential, and it keeps the business relationship. It is one of the MASC methods — and since the Ley 1/2025 an out-of-court attempt is anyway required before suing. Below: when mediation beats a lawsuit, how RightNOW’s mediation works, what it costs, and how a mediation agreement (acuerdo de mediación) can become an enforceable title (título ejecutivo).
What business mediation is and how it works
Business mediation (mediación mercantil) is a voluntary, confidential process where a neutral mediator (mediador) helps two companies or partners (socios) reach their own solution. The mediator is not a judge and imposes nothing — the agreement stays yours.
Typical disputes: a counterparty won’t pay an invoice (factura impagada), a supplier or client breached the contract, partners (socios) clash over management or shares, a commercial contract is in dispute, or you want an amicable company dissolution (disolución) without a drawn-out war.
This is different from a consumer-vs-company dispute: here both sides are businesses. Mediation is one of the MASC methods (medios adecuados de solución de controversias). Since the Ley 1/2025 an out-of-court attempt is anyway required before most civil and commercial claims.
The outcome is a mediation agreement (acuerdo de mediación). It can be raised to a notarial deed (escritura) and become an enforceable title (título ejecutivo) — enforceable like a court judgment if the other side doesn’t comply.
Who it fits
- Companies in dispute with a counterparty: an unpaid invoice (factura), a broken delivery, a breach of a commercial contract.
- Partners (socios) clashing over management, shares or an exit — before it paralyses the business.
- Those who want to keep the business relationship (carrying on with the same supplier or client).
- Those winding up a company amicably (disolución) and wanting to agree the split without a court war.
- Those who must satisfy the MASC requirement (Ley 1/2025) before suing and want to do it properly and on the record.
NAVILook at my dispute — whether mediation fits and what’s next
NAVI checks if mediation (MASC) fits and what comes next.
What you are entitled to
- To offer the other side mediation — by law it is voluntary for both, but many businesses accept to avoid a long lawsuit.
- To confidentiality: what is said in mediation cannot be used later in a trial — important where trade secrets are involved.
- To the suspension of the limitation period (prescripción) from the documented request — a MASC attempt does not cost you the deadline (Ley 1/2025).
- 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 1/2025)
- Since the Ley 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 suspends the limitation period (prescripción/caducidad) until it ends — so mediation does not eat your deadline.
- The underlying commercial dispute may have its own deadlines (for example on a contract or a bill of exchange) — check those separately; mediation does not cancel them.
- The law sets no fixed “mediation deadline”: length depends on the case; in practice it is weeks, not the months a commercial lawsuit takes.
What to prepare
- The commercial contract, orders, terms and your correspondence with the other side (demands, replies, refusals).
- Documents on the merits: invoices (facturas), delivery notes, statements, bank records, proof of non-payment or breach.
- If the dispute is between partners (socios) — the company bylaws, minutes, the partners’ agreement (pacto de socios).
- Your written demand to the other side (requerimiento) and proof you sent it — this also documents the MASC attempt.
- A figure for what you are asking (the debt, penalty, compensation, exit or dissolution terms).
How it works, step by step
- Describe the dispute to RightNOW: the parties, the issue, the amount, what you’ve already done. We check whether mediation fits.
- We send the other side an offer to mediate and appoint a neutral mediator (mediador).
- Sessions take place (online or in person): the parties talk and look for a solution, all confidential.
- If you agree, you sign a mediation agreement (acuerdo de mediación) with concrete obligations and deadlines.
- Optionally, the agreement is raised to a notarial deed and becomes an enforceable title (título ejecutivo).
Common mistakes
- Going straight to commercial court without trying a MASC — under the Ley 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 a commercial dispute with a labour or administrative one — those have their own pre-court route (for example SMAC for labour), not the civil MASC.
If the other side refuses to mediate
- Mediation is voluntary: the other side may refuse. Your documented attempt still counts as the MASC for a future claim.
- An unreasonable refusal to engage can affect how costs (costas) are shared in court — the judge weighs good faith.
- Commercial court remains: gather your evidence and correspondence, including your offer to mediate.
- Sometimes the offer to mediate itself nudges the other side to settle — many businesses accept rather than litigate and damage the relationship.
We’ll start your business mediation — first step free
Describe the dispute (parties, issue, amount): we check whether mediation fits, offer it to the other side and take it to an agreement (acuerdo de mediación).
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Common questions
Is mediation mandatory?
Mediation itself is not — it is voluntary. But since the Ley 1/2025 most civil and commercial claims need a prior out-of-court attempt (MASC), and mediation is one way to satisfy it.
Is it faster and cheaper than commercial court?
Usually yes: mediation typically takes weeks, not months or years, and costs less than a lawsuit with a lawyer.
Does the other company have to take part?
No, participation is voluntary for both sides. But an unreasonable refusal can affect how costs (costas) are shared in a later trial.
Does the agreement have force?
Yes. A mediation agreement (acuerdo de mediación) can be raised to a notarial deed and become an enforceable title (título ejecutivo).
Does it fit a dispute between partners (socios)?
Yes, this is a typical case: a clash over management, shares or an exit can go through mediation without paralysing the business.
What if we don’t agree?
Then commercial court remains, but your documented mediation attempt already counts as the MASC. You lose nothing.
Is it confidential?
Yes, what is said in mediation is confidential and is not used later in court — important for trade secrets.
Official sources
For information only, not legal advice. Mediation is voluntary and both sides must engage. Check your case with RightNOW. Updated July 2026.
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