MASC · Alternative Dispute Resolution Methods
Not all conflicts have to end up in court.
There are more effective, faster, and smarter ways to resolve disputes. Our team will guide you through each one.
What are MASCs?
A strategic alternative to litigation.
Alternative Dispute Resolution (ADR) methods are extrajudicial procedures that allow disputes to be resolved voluntarily, confidentially and with full legal effect, without the need to go to court.
They are especially effective in civil, commercial, family and labor disputes where the parties wish to preserve the relationship — personal or commercial — or where speed and discretion are prioritized over a long and public legal process.
Since 2023, the Law on Procedural Efficiency Measures has established ADR mechanisms as a prerequisite in numerous civil and commercial proceedings in Spain, making them a first-rate legal tool.
OUR OPTIONS
Four ways to solve what matters.
Every conflict has a different nature. That's why the firm offers four complementary options, tailored to the type of dispute, the parties involved, and the desired outcome.
Mediation
A neutral third party—the mediator—facilitates communication between the parties so they can reach a satisfactory agreement themselves. This is especially useful in family, neighborhood, and workplace disputes.
Reconciliation
The conciliator proposes concrete solutions that the parties can accept or reject. More directive than mediation, it is ideal for commercial, contractual, or partnership disputes.
Assisted Negotiation
The lawyers for both parties negotiate directly, following a structured protocol and without judicial intervention. This guarantees full legal representation and complete confidentiality of the process.
Collaborative Law
All parties and their lawyers agree to resolve the dispute out of court. If the process fails, the lawyers must withdraw: this aligns incentives toward settlement.
Frequently Asked Questions
What you need to know before choosing this path.
We answer the most common questions about alternative dispute resolution methods so you can clearly assess whether they are the right option for your situation.
Are the agreements reached legally valid?
Yes. Agreements reached through mediation or conciliation can be formalized in a notarized public deed or judicially approved, acquiring full executive force, equivalent to a final judgment.
How does it differ from a judicial process?
Alternative dispute resolution (ADR) methods are voluntary, confidential, and much faster: a mediation process can be resolved in weeks, compared to years of litigation. Furthermore, the parties control the outcome, rather than leaving it in the hands of a judge.
How long does a MASC process usually take?
It depends on the type and complexity of the case. Mediation can be resolved in two or three sessions over a few weeks. Assisted negotiation and collaborative law can take between one and three months, always offering greater speed than the judicial process.
Is it cheaper than litigation?
In most cases, yes. Procedural costs—court fees, solicitor fees, expert witness fees, delays—do not exist in ADR. The investment in attorney fees is concentrated in a short period with a predictable outcome.
Are there cases where ADRs are not applicable?
Yes. They are not appropriate when one party is acting in bad faith, when there is a serious power imbalance between the parties (for example, in certain cases of gender-based violence), or when an urgent court order is required as a precautionary measure. Our team will advise you, without obligation, on the most suitable option for your specific case.
LET'S TALK ABOUT YOUR CASE
Could it be resolved without going to court?
At Arquero & Pou Asociados, we analyze each situation rigorously and advise you, without obligation, on whether an alternative method is viable and appropriate for your case. The initial consultation is the first step toward a solution.
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