Before you sue in Spain: attempting a MASC as a requirement to be heard
Since 3 April 2025, Ley Orgánica 1/2025 requires you to first attempt an adequate dispute-resolution means (MASC) before you can file a civil or commercial claim in Spain. It is a requirement for the claim to be admissible (requisito de procedibilidad): without written proof of that attempt, the court will not admit your demanda. Below: which methods count (negotiation with a formal demand by burofax, mediation, conciliation, a confidential binding offer, an independent expert opinion), how it works (it suspends the limitation period, it is confidential, it must be documented, it has costs effects) and what is excluded (employment → SMAC, administrative → reclamación previa). At the end: which door each type of dispute goes through.
What the MASC is and why it is the door to court
A MASC (adequate dispute-resolution means) is any legally recognised activity that the parties to a conflict resort to in good faith to reach an out-of-court solution (art. 2 of Ley Orgánica 1/2025).
Prepare the MASC formal demand — free
Ley Orgánica 1/2025, of 2 January, came into force on 3 April 2025. Its Title II regulates the MASC.
In the civil and commercial jurisdiction, first attempting a MASC is a requirement for the claim to be admissible (requisito de procedibilidad, art. 5): for the court to process your demanda, you must prove in writing that you attempted a solution beforehand.
If you do not prove it, the claim is inadmissible — the court does not process it. That is the door: for most private-law claims you now reach court ONLY through a documented MASC attempt.
Who this applies to
- Anyone who wants to file a civil or commercial claim: against a company, a neighbour, a landlord or tenant, a debtor.
- Consumer disputes (with an insurer, a bank, a shop, a utility): the civil MASC applies, on top of the consumer routes.
- Money claims, breaches of contract, defects, damages between individuals or companies.
- It does NOT apply the same way to everything: employment and administrative matters have their own door (below).
NAVILook at my dispute — whether mediation fits and what’s next
NAVI checks if mediation (MASC) fits and what comes next.
How to meet the requirement, step by step
- Identify the type of dispute (civil/commercial, employment, administrative, consumer) so you know which door is yours.
- If it is civil or commercial, choose the method: negotiation with a formal demand (burofax), mediation, conciliation, or a binding offer.
- Send the formal demand by burofax (or start the mediation): record who is claiming, what they claim, and the date — the limitation period is suspended.
- Keep the proof of the attempt: the burofax receipt, or the record or certificate of the mediation or conciliation.
- If there is no agreement, file the demanda with that proof of the MASC attempt attached (without it, the claim is inadmissible).
Common mistakes
- Suing straight away without first attempting a MASC: in civil and commercial matters the claim is inadmissible.
- Not documenting the attempt: an email or a call with no proof does not meet the requirement — use the burofax or the record.
- Applying the civil MASC to an employment dispute (that goes through SMAC) or an administrative one (that goes through a preliminary claim).
- Believing that attempting it costs you the deadline: on the contrary, it suspends the limitation period.
- Unreasonably rejecting a binding offer and then doing worse: you can end up bearing the costs.
We prepare your MASC formal demand (burofax) — free to start
Describe your dispute (with whom, what you claim, the amount): NAVI checks whether the MASC applies to you, which door is yours, and helps prepare the formal demand by burofax that proves the attempt.
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Related guides
Common questions
What is the requisito de procedibilidad?
It is the condition for the court to process your claim: in civil and commercial matters, proving in writing that you first attempted a MASC. Without that proof, the claim is inadmissible.
Since when is it required?
Since 3 April 2025, when Ley Orgánica 1/2025 came into force.
Which methods count as a MASC?
Direct negotiation (with a formal demand by burofax), mediation (Ley 5/2012), conciliation, a confidential binding offer, and an independent expert opinion.
Does attempting it cost me the deadline to sue?
No. The attempt suspends the limitation period (prescripción) and the expiry period (caducidad) from the documented request until it ends.
Is an email or a call enough?
You need proof of the attempt: the formal demand with proof of delivery (burofax), or the record/certificate of the mediation or conciliation.
What if my dispute is about employment?
The civil MASC does not apply: the pre-court route is conciliation before the SMAC (a papeleta) before the Juzgado de lo Social.
What if it is against the administration?
Also no: it goes through a preliminary claim (reclamación previa) or an appeal, not the civil MASC.
Is what I say confidential?
Yes. What is discussed in the MASC is confidential and cannot be used later at trial.
Official sources
- Ley Orgánica 1/2025 (efficiency of the public justice service) — BOE
- Ley 5/2012 on mediation in civil and commercial matters — BOE
- Spanish General Council of the Bar (MASC guide)
For information only, not legal advice. Check whether your claim is excluded and which door is yours (civil/commercial, employment, administrative, consumer). Updated July 2026.
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