When is the “MASC” (appropriate dispute resolution method) compulsory?

Question

José Manuel Alburquerque · Accepted Answer

Since 3 April 2025, before most civil and commercial claims are filed, there must have been an attempt at an appropriate dispute resolution method, the “MASC”, which is any serious way of seeking an agreement without a judge, such as a negotiation in writing, mediation or conciliation. It is a requirement for the court to admit the claim, so it must be met and proved by whoever brings the claim, whether an individual or a company and whatever the amount claimed. It is required, for example, to claim a debt, seek compensation, evict a tenant or divide an asset that is owned jointly. It is not needed, among other cases, to ask for a judgment to be enforced, for interim measures sought before suing or to recover something you have been dispossessed of. In which matters it is required Organic Law 1/2025 (“Ley Orgánica 1/2025”) requires it as a general rule in civil and commercial matters before the claim that starts court proceedings is filed, whether ordinary proceedings (“juicio ordinario”) or the “juicio verbal” (the simplified procedure), which is also used for possession claims, or one of the special procedures regulated by the law. It only affects claims filed from 3 April 2025 onwards. It does not depend on the amount, so it must also be done for claims of up to 2.000 euros, which can be filed without a lawyer or a court agent (“procurador”). The courts disagree on whether it is needed before an order for payment procedure (“proceso monitorio”), which is designed for claiming money debts. In Barcelona, it is a criterion agreed by the court clerks (“letrados de la Administración de Justicia”), who handle order for payment procedures in the courts, that the attempt must be made before the application is filed. It does not apply to employment disputes, criminal proceedings or insolvency proceedings. Nor does it apply when one of the parties is a public authority or another public-sector body, or in matters that the law does not leave to the parties' free choice. Who has to do it The burden lies with the claimant. Before the claim is filed, negotiation must have been attempted, usually by means of an invitation to the other party. In the claim, the claimant must explain how the attempt went and submit the proof. There is no need to reach an agreement. It is enough to make a genuine attempt and to be able to prove it. In Barcelona, it is a criterion agreed by the civil sections of the “Audiencia Provincial” (the provincial appeal court) that it is enough to invite the other party in writing to negotiate in good faith on a specific matter and to prove that they received the invitation. A mere demand for payment announcing that a claim will be brought is not enough. The defendant does not have to make any attempt in order to defend themselves. In Barcelona, it is a criterion agreed by the court clerks that it is not needed either for a counterclaim, which is the claim that the defendant in turn brings against the claimant in the same proceedings. When it is not needed The law lists the cases in which it is not required. The most common are the following: An enforcement application, by which the court is asked to enforce a judgment, an agreement approved by the judge or a deed executed before a notary that allows this. Interim measures sought before the claim to secure the outcome of the case and pre-action measures (“diligencias preliminares”), which are used to prepare for trial. The fast-track procedure to recover possession of something you have been dispossessed of, including a squatted home. Cases on fundamental rights, such as honour or privacy, on parentage and on support measures for people with disabilities. If you are unsure whether your case is an exception, the prudent course is to make the attempt, because if the court considers that it was required, it will not admit the claim.