SPAIN Trends and Developments Contributed by: Pedro Echeguren and Pablo Henríquez de Luna, López-Ibor Abogados
However, maintaining confidentiality requires clear policies and enforcement mechanisms. Agencies and neutral third parties must be trained to uphold these standards, and technological platforms used for tele - matic ADR must incorporate robust data protection measures to prevent breaches. While Organic Law 1/2025 establishes ADR as a man - datory prerequisite for civil and commercial lawsuits, it includes specific exceptions to ensure flexibility and protect access to justice. These exceptions acknowl - edge that not all disputes are suitable for ADR and that mandatory requirements should not unduly hinder urgent or sensitive cases. The key exceptions include the following. Exceptions to the ADR Requirement Balancing flexibility and obligations • Urgent situations or precautionary measures: cases requiring immediate judicial intervention, such as those involving urgent injunctive relief, are exempt from the ADR requirement to prevent delays that could exacerbate harm. • Fundamental rights and gender violence: disputes involving fundamental rights, such as discrimina - tion or gender-based violence, are exempt due to their public interest and the need for judicial oversight. • Proceedings involving minors: cases concerning the protection of minors are excluded to prioritise their well-being and ensure swift judicial action. • Bad faith or risk of aggravation: if there are reason - able indications that one party is acting in bad faith or that ADR could worsen the conflict, the require - ment is waived to avoid futile or harmful negotia - tions. • Specific jurisdictional exclusions: the ADR mandate does not apply to labour, criminal or bankruptcy proceedings, as these areas have distinct concili - ation or resolution mechanisms. Additionally, dis - putes involving public sector entities are exempt. • European order for payment procedure (Regulation (EC) No 1896/2006): ADR is not required. However, the order for payment procedure under the Spanish Procedural Law requires ADR. These exceptions strike a balance between promot - ing ADR and ensuring that parties can access the
courts when necessary. For instance, in cases of gen - der violence or minor protection, immediate judicial intervention is critical to safeguard vulnerable parties. Similarly, excluding labour and criminal matters rec - ognises the specialised nature of these jurisdictions, which already incorporate ADR mechanisms such as conciliation or restorative justice. Implications of exceptions The exceptions outlined in Organic Law 1/2025 have significant implications for its implementation. • Preserving access to justice: by exempting urgent and sensitive cases, the law ensures that the ADR requirement does not violate the constitutional right to judicial protection under Articles 117 and 122 of the Spanish Constitution. • Preventing abuse: the bad-faith exception dis - courages parties from exploiting ADR to delay or manipulate proceedings, promoting good-faith negotiations. • Tailored application: the jurisdictional exclusions acknowledge the unique characteristics of labour, criminal and bankruptcy disputes. This allows for more appropriate resolution mechanisms in these areas. However, the application of these exceptions must be carefully monitored to prevent overuse or misin - terpretation, which could undermine the law’s goal of reducing litigation. Clear guidelines and judicial over - sight are necessary to determine when an exception applies, particularly in cases involving subjective judg - ments such as bad faith. The Broader Impact of Organic Law 1/2025 Cultural and systemic change Organic Law 1/2025 represents more than a proce - dural reform; it seeks to foster a cultural shift towards dialogue and collaboration in dispute resolution. By prioritising ADR, the law encourages citizens and businesses to view litigation as a last resort rather than the default solution. This aligns with European trends that emphasise sustainable and less adver - sarial justice systems. The law’s emphasis on ADR also has economic and social benefits. By reducing court workloads, public
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