Dispute resolution

Dispute resolution · Law 1/2025

Dispute resolution

Since Organic Law 1/2025, attempting to resolve a dispute outside the courts is not only faster and cheaper: for most civil and commercial matters it is a precondition for filing a claim.

We offer the three main appropriate means of dispute resolution and, where none of them succeeds, representation before the courts, all conducted by a lawyer with more than 25 years of experience in commercial, corporate and patrimonial transactions and disputes. We act either as neutral third party or as your lawyer, never both in the same matter.

Request a first consultation Frequently asked questions on mediation
The four routes

Choose the right route

01
Assisted dialogue

Mediation

A neutral third party facilitates dialogue so that it is the parties themselves who build their own agreement. The right route when both sides want to resolve the matter and preserve the commercial or family relationship.

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02
Proposed solutions · Law 1/2025

Private conciliation

The conciliator goes one step beyond dialogue: they analyse the substance of the dispute and formulate concrete proposals for resolution. For conflicts that need, in addition to dialogue, expert judgment — and it meets the pre-litigation requirement.

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03
Neutral opinion · Law 1/2025

Independent expert

A non-binding opinion from a qualified third party that reorders the negotiation when the deadlock is a technical or valuation disagreement (how much the shareholding is worth, whether the clause covers the situation, the scope of a warranty).

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04
Court representation

Litigation

When no agreement is possible, or the other side will not negotiate, going to court stops being a failure and becomes the right route. We prepare every matter from day one with that possibility open, so that nothing is improvised if it gets there.

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Criteria

How to choose between the four routes

Independent expert opinion

Resolves in weeks disputes about facts, figures or valuations where nobody is really arguing about the applicable law: a qualified third party sets out in writing how they see the matter, and maximalist positions stop holding up.

Mediation

The only route that works on the relationship and not just on the amount. It makes sense when there is a relationship worth preserving: between shareholders, between siblings, or with a client or supplier of many years.

Private conciliation

The most direct route when the parties broadly know what they want and what is missing is a formal, fast and legally effective way to close it.

Litigation

The right instrument when there is no willingness to settle at all, when an interim measure is needed, or when a limitation period is closing in. Court is not a failure of anything.

Choosing the route is exactly what we do in the first consultation. And we do not charge for telling you that your matter does not need a mediation.

What Law 1/2025 actually requires

In most civil and commercial matters a claim will not be admitted unless the party can show it first attempted an appropriate means of dispute resolution. The scope is worth understanding: what the law requires is a good faith attempt, not an agreement.

To evidence it, it is enough to document the proposal made, the essential content of what was offered and the other side response, or the absence of one. Certain matters are excluded, and there are practical consequences beyond the formality: an unjustified refusal to take part may later weigh on the allocation of costs.

Our role

Our vocation is resolving disputes, and there is more than one way to do it

We don’t see this as a soft alternative to litigation, but as an assertive way to defend you: we negotiate firmly precisely because we are prepared to litigate if it comes to that. Read more about this idea here →

As neutral third party

When both parties instruct us, we act through mediation, private conciliation or independent expert opinion. In that role we advise neither of them, and we do not later take on the defence of either party in that same matter or in matters arising from it. That is precisely the condition that makes neutrality credible.

As your lawyer

When what you instruct is your own defence, the role is the opposite and it stays with you from beginning to end: we accompany you through the attempt at settlement that Law 1/2025 requires before filing a claim, we negotiate on your behalf and, if no agreement is reached, we litigate. And if you come from a mediation already attempted with other professionals that did not succeed, we step in directly as your lawyers before the courts.

The one thing we do not do is change roles halfway through.

Let’s talk about your case

Not sure which of the four routes best fits your conflict? The first consultation is the best moment to assess it. No obligation. Reply within 24-48 business hours.

Request a first consultation