Business mediation: settle a dispute between companies or partners — without commercial court

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.

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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 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) if the other side does not comply.

Who it fits

• Companies in dispute with a counterparty: an unpaid invoice (factura), a failed delivery, or 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 Orgánica 1/2025) before suing and want to do it properly and on the record.

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 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 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 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 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 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 (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 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 and deadlines.
• Optionally, the agreement can be formalised in a notarial deed and become an enforceable title (título ejecutivo).

Common mistakes

• Going straight to commercial 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 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 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 other side to settle — many businesses accept rather than litigate and damage the relationship.

Related guides

Common questions

Official sources