Independent expert opinion
Independent expert opinion
Sometimes what separates two parties is not the will to agree but a technical disagreement: how much the shareholding is worth, whether the clause covers the situation, whether the breach is material. In those cases, the most efficient route is neither to litigate nor even to mediate — it is to ask a neutral third party with recognised judgment for their opinion. Organic Law 1/2025 recognises the independent expert opinion as an appropriate means of dispute resolution: a non-binding opinion that, in practice, unblocks most stalled negotiations.
Request a consultationDoes this sound like you?
If any of these situations describes your current position, we can help.
- The negotiation is blocked by a single technical or legal question: the valuation of the company, the interpretation of a shareholders’ agreement clause, the scope of a warranty in an SPA.
- Both parties want to resolve it, but each has its own party report — and neither trusts the other’s.
- You need a neutral, fast assessment of the positions before deciding whether to negotiate, mediate or litigate.
- You want to know, honestly and free of your own adviser’s bias, what real chances your position has if the matter reaches the courts.
- You want to meet the Law 1/2025 requirement in a way that adds real value to the conflict, not a mere formality.
How it works
The parties jointly appoint the expert and provide the information and evidence they have on the disputed question. The expert analyses the substance and issues a non-binding opinion with their reasoned view of the dispute. That opinion is not binding — but it reorders the negotiation: once a neutral, qualified third party has stated in writing how they see the matter, maximalist positions lose their footing and agreement becomes attainable. In international practice (neutral evaluation), it is one of the mechanisms with the highest rate of subsequent settlement.
In which areas?
Our experience as an independent expert is concentrated in the areas where we have worked for 25 years: corporate disputes (valuation of shares, interpretation of shareholders’ agreements, withdrawal rights), M&A transactions (representations and warranties, price adjustments, earn-outs), domestic and international commercial contracts (breach, interpretation, termination) and patrimonial and family-business structures. For purely technical expert questions (technical, accounting, engineering), we coordinate with the specialist experts the case requires.
Why an opinion from us
Because an opinion is worth only as much as the judgment of the person who signs it. A lawyer admitted in Madrid and New York, LL.M. from Georgetown, four years as Legal Counsel of the World Bank Group and more than two decades building and unwinding the very transactions we now opine on. Parties who appoint an expert need someone whose opinion both can respect — even when they don’t like it.
An opinion that also meets the legal requirement
The independent expert opinion is one of the means recognised by Law 1/2025 to meet the pre-litigation requirement before a civil or commercial claim. If there is no agreement after the opinion, the documentation of the process evidences the attempt before the court — and the parties reach any eventual litigation with a far more realistic idea of their positions.
When the conflict needs, in addition to an opinion, a process of assisted negotiation, we offer private conciliation and mediation. And if the dispute has an international dimension, our international operations practice integrates both legal systems.
Our role
When we act as neutral third party we do not later take on the defence of either party in that same matter or in matters arising from it. If what you need is a lawyer to accompany you through the attempt at settlement and to represent you if none is reached, that is a different engagement and we set it up that way from the start.
Let’s talk about your case
The first consultation is the best moment to assess your options. No obligation. Reply within 24-48 business hours.
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