El nuevo requisito de procedibilidad en el proceso civil y el abuso del servicio público de Justicia: dos llaves para el éxito de los medios adecuados de solución de controversias (MASC) en la nueva LO 1/2025

Organic Law 1/2025 introduces the ‘requirement of admissibility’ as an innovative measure to modernize and improve the efficiency of the judicial system in Spain by obliging the parties, in the civil jurisdictional sphere, to attempt an appropriate dispute resolution mechanism (ADR) before filing a lawsuit. Through mediation, conciliation, the opinion of an independent expert or other negotiating activities, the parties must seek a prior agreement, the accreditation of which is necessary for the admission of the lawsuit. The regulations seek to reduce the overload on the courts, encourage self-composition and offer alternatives tailored to the needs of the litigants.

Unjustified non-compliance with this requirement can have procedural consequences, such as the dismissal of the lawsuit, the imposition of costs or financial penalties and, in this respect, the Law introduces the concept of ‘abuse of the public service of justice’, which penalizes the unnecessary use of the courts in cases where an out-of-court settlement was viable. The aim is for ADR to be used not as a merely formal procedure, but as a real and effective attempt to resolve conflicts.

The implementation of this reform aims to transform the judicial paradigm towards a sustainable model that combines traditional jurisdiction with efficient extrajudicial alternatives. This study highlights the importance of ADR in the new procedural framework, its impact on reducing court congestion and its role in promoting a culture of dialogue and negotiation, taking the opportunity to underline the challenges associated with the interpretation of ‘abuse of the public service of justice’ and the need for jurisprudential development that guarantees a balance between the effective use of ADR and the right to effective judicial protection.