Mediation with a company: settle a dispute with an insurer, bank, airline or shop — without going to court
In a dispute with a company — the insurer underpaid, the bank charged a fee, the airline didn’t refund a flight, the shop refused a return? Mediation (mediación, Ley 5/2012) lets you settle with the help of a neutral mediator (mediador): faster and cheaper than a lawsuit, confidential, and it keeps the 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 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.
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 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 company doesn’t 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 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 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 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 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 fixed “mediation deadline”: length depends on the case; in practice it is 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 you sent it — this also documents the MASC attempt.
- 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 talk and look for a solution, all confidential.
- If you agree, you sign a mediation agreement (acuerdo de mediación) with concrete obligations.
- Optionally, the agreement is raised to a notarial deed and becomes an enforceable title (título ejecutivo).
Common mistakes
- Going straight to 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 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.
- An unreasonable refusal to engage can affect how costs (costas) are shared in court — the judge weighs good faith.
- Court remains: 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.
We’ll start your mediation with the company — first step free
Describe the dispute (company, issue, amount): we check whether mediation fits, offer it to the company and take it to an agreement (acuerdo de mediación).
✓ Free · ✓ No account · ✓ A few minutes
Related guides
Common questions
Is mediation mandatory?
Mediation itself is not — it is voluntary. But since the Ley 1/2025 most civil claims need a prior out-of-court attempt (MASC), and mediation is one way to satisfy it.
Is it faster and cheaper than court?
Usually yes: mediation typically takes weeks, not months or years, and costs less than a lawsuit with a lawyer.
Does the 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).
What if we don’t agree?
Then 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.
Does it fit a dispute with an insurer or bank?
Yes, these are typical cases: an insurer underpaying, a disputed bank fee, a refused refund — all can go through mediation.
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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