Private conciliation
Private conciliation
There are conflicts in which the parties don’t just need a space for dialogue: they need someone with judgment to propose a way out. That is the difference between mediation and conciliation — and since Organic Law 1/2025, private conciliation is a fully recognised means of resolving civil and commercial disputes without going to court, and of meeting the legal requirement that now precedes any lawsuit.
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If any of these situations describes your current position, we can help.
- You have an entrenched conflict and both parties want to resolve it, but no one dares to put the first proposal on the table.
- You’ve tried to negotiate directly and the conversation dissolves into recriminations: what’s missing is a third party who structures the process and proposes concrete solutions.
- You need to meet the pre-litigation requirement of Law 1/2025 before filing a claim — and you’d rather that attempt be real and have a genuine chance of success, not a mere formality.
- You want to resolve the dispute with someone who understands the substance of the matter (corporate, contractual, patrimonial), not just the form of the procedure.
- You’re looking for a fast, confidential and documented process, with minutes that evidence the attempt before any court if no agreement is reached.
What is private conciliation — and how does it differ from mediation?
In mediation, the neutral third party facilitates dialogue so that it is the parties themselves who build the agreement. In private conciliation, the conciliator goes one step further: they analyse the substance of the dispute and formulate concrete proposals for resolution, inviting the parties to accept them, modify them or put forward their own. It is the right route when a conflict needs, in addition to dialogue, expert judgment.
Organic Law 1/2025 requires the conciliator to be a professional with technical or legal knowledge related to the matter in dispute, registered as a practising member of a professional association. At Alta Mediación, conciliation is conducted by a lawyer admitted to the bar with more than 25 years of experience in commercial, corporate and patrimonial transactions and disputes — someone who has built, negotiated and watched hundreds of agreements break down, and who knows which proposals can work because he knows both sides of the table.
How the process works
Conciliation begins at the request of one or both parties. An opening record is documented, defining the subject of the dispute, the fees and the appearance of the parties (with or without lawyers). Sessions may be held in person or by video conference. The conciliator listens to both parties, analyses the documentation and formulates proposals for resolution. If there is agreement — whole or partial — it is documented in a final record signed by the parties. If there is not, a certificate is issued evidencing the attempt for the purposes of the pre-litigation requirement.
Advantages over litigation
Weeks instead of years. Radically lower cost. Complete confidentiality — nothing discussed leaves the room. Control over the outcome: the solution is accepted by the parties, not imposed by a third party. And preservation of the commercial or family relationship that court proceedings almost always destroy.
The Law 1/2025 requirement, properly met
Since April 2025, attempting an appropriate means of dispute resolution has been mandatory before filing most civil and commercial claims. Many dispatch the formality with a demand letter. We believe that mandatory attempt is, well used, the best opportunity to genuinely resolve the conflict — faster, cheaper and without a trial. And if there is no agreement, the conciliation documentation evidences the requirement with far greater probative value than a simple demand.
For conflicts where the parties would rather build the agreement themselves with the help of a facilitator, we also offer civil and commercial mediation. And when the negotiated route is exhausted, we have a litigation and judicial dispute resolution practice.
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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