Mediation FAQ

Frequently asked questions

Mediation FAQ

Clear answers to the most common questions about the mediation process.

The essentials

Everything you need to know

Mediation is a voluntary and confidential process in which a neutral third party — the mediator — helps the parties reach an agreement that satisfies their interests. The mediator does not decide or impose: they facilitate dialogue and help the parties find their own solution. In Spain it is regulated by Law 5/2012, of 6 July, on mediation in civil and commercial matters.

It depends on the complexity of the conflict and the parties’ willingness. A simple commercial dispute can be resolved in 2-4 sessions of 2 hours each, over 2-6 weeks. A complex family matter may require 6-10 sessions over 2-4 months. In any case, it is significantly faster than court proceedings, which in Spain can take years.

The cost varies according to the complexity and duration of the process. We work with per-session or full-process fees, which are usually shared between the parties. In any case, the total cost of mediation is much lower than court proceedings, both in fees and in time and emotional strain. Request information with no commitment.

Yes, as a general rule. Since the entry into force of Law 1/2025 of 2 January on measures for the efficiency of the justice system, attempting an out-of-court dispute resolution activity (MASC) is mandatory as a procedural prerequisite before initiating civil or commercial judicial proceedings. This does not mean that reaching an agreement is compulsory, but that mediation or another MASC must be attempted —and documented— before going to court. Failure to comply will result in the claim being inadmissible.

Yes. The mediation agreement signed by the parties is a contract with full legal effect. Furthermore, it can be elevated to a public deed before a notary, which gives it direct executive force — meaning it can be enforced in court without a new process if one party fails to comply.

Mediation is particularly effective in commercial and corporate disputes (partners, contracts, distribution), family and succession disputes (estates, divorces, family businesses), labour disputes, intellectual property and real estate disputes, and international conflicts. It is not suitable when there is violence, a serious power imbalance, or when the matter is not available for the parties to decide (for example, certain rights of minors).

It is not compulsory, but in complex matters — commercial, family with significant assets, international — it is highly advisable to have parallel legal advice. The mediator acts with neutrality and cannot advise either party; it is therefore advisable to have your own lawyer review agreements before signing.

Yes. We offer online mediation via secure video conference, with full legal validity. This is particularly useful in international disputes or when the parties are in different cities. Online mediation has proved equally effective as in-person mediation in most cases.

If no agreement is reached, the parties retain all their rights to pursue court or arbitration proceedings. The confidentiality of the process guarantees that what is said in mediation cannot be used as evidence in subsequent proceedings. Statistically, mediation reaches an agreement in more than 70% of cases where both parties participate in good faith.

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