SPAIN Trends and Developments Contributed by: Albert Prats Ribas and Jordi Mayol Orga, BUFETE A. PRATS
Suspension of time limits: certainty for the parties One of the most significant aspects of Organic Law No 1 of 2025 is the suspension of the stat - ute of limitations and expiry periods while the mediation process is underway. Regulated in Article 4 of Law No 5 of 2012, this provides an essential guarantee for the parties. On numerous occasions, the pressure of the legal deadlines can dissuade the parties from seeking collabo - rative solutions, opting to directly initiate legal proceedings to safeguard their rights. With this measure, parties can fully engage in the mediation process, exploring mutually beneficial solutions without the fear that their procedural rights will be compromised. In the maritime sec - tor, where deadlines are particularly tight due to the perishable nature of goods and the high costs associated with delays, this provision is of critical importance. Confidentiality: a strategic value The confidential nature of mediation, reinforced in Organic Law No 1 of 2025, is another of the pillars that make this mechanism a particularly attractive tool. All information shared during the process is protected by a duty of confidentiality that extends to the parties, the mediator and any other person involved in the procedure. In sectors such as shipping, where technical, financial and commercial data are often of stra - tegic value, confidentiality not only protects the interests of the parties, but also fosters a more open and secure negotiating environment. Par - ties can freely discuss their positions and pro - posals, knowing that these cannot be used against them in subsequent court or arbitration proceedings.
Formalisation and enforceability of agreements Perhaps the most significant advancement intro - duced by Organic Law No 1 of 2025 is the pos - sibility of formalising the agreements reached in mediation by means of their judicial approval or their execution in a public deed. This provi - sion ensures that the agreements have the same enforceability as a court judgment or arbitration award, which is a key incentive for the parties. In maritime transport, this feature is particularly valuable. Agreements reached in mediation may involve financial commitments, compensation techniques or contract restructuring, and with its immediate enforceability provides the parties with the legal certainty that is indispensable in a sector that operates under strict time and risk margins. In addition, formalising agreements through mediation allows companies to preserve strate - gic business relationships by avoiding the adver - sarial confrontation often generated by court proceedings. This approach not only resolves the current dispute but also strengthens mutual trust and fosters the long-term sustainability of business relationships. Mediation in maritime transport: Interaction with the Spanish Maritime Navigation Act and practical impact Maritime transport, largely regulated by the Spanish Maritime Navigation Act, is at the heart of the transformations introduced by Organ - ic Law No 1 of 2025 in the dispute resolution system. Mediation, promoted as a key tool in Organic Law No 1 of 2025, not only comple - ments the traditional provisions of the SMNA on jurisdiction and arbitration, but also provides practical solutions that respond to the specific needs of this sector, characterised by its techni - cal complexity and global dimension.
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