Law 1/2025 on Procedural Reform has arrived to profoundly transform the civil judicial process. If you have ever had to wait years for a judge to resolve your case, the new regulations promise to speed up the process, make it clearer and, ultimately, improve the experience for citizens. Below, we explain the main changes introduced by this law and what these mean to you.
Why is the law being reformed?
The judicial system, which has sometimes been perceived as slow and obsolete, was in urgent need of an update.
The aim of the reform is to make proceedings faster and less complicated and to prevent parties from having to wait years for a decision. This law seeks to optimise procedures so that these are resolved more efficiently and with less impact on the people involved.
The Main Changes of Law 1/2025
- New system of distribution among judges
One of the most important changes is the change in the system of case distribution among judges. Previously, each judge had his or her own court and legal team. Now, with the reform, a single Court of First Instance is being created in each municipality, with a centralised office of court clerks. Judges will no longer have their own court, but will be assigned to a section within that court. This change is intended to speed up proceedings and allow cases to be moved between judges more easily in the event of delays, improving the efficiency of the system.
- Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR), which includes tools such as mediation and negotiation between lawyers, is taking on a fundamental role in the judicial process. From now on, before filing a lawsuit, it will be mandatory to try to resolve the conflict through one of these alternative means. This does not mean that the parties are being forced to reach an agreement, but they will have to demonstrate that they have attempted an out-of-court settlement. Simply saying that an attempt has been made to contact by telephone will no longer be sufficient. It is important to have formal proof of this attempt, whether through mediation meetings or negotiations between lawyers.
- Partial agreement
In cases where the parties reach a partial agreement during the negotiations, they may file the lawsuit only on the remaining part of the dispute.
For example: Alexander is claiming 10,000 euros from Carmen. After negotiations, both parties agree that Carmen will pay 6,000 euros and denies owing the rest. If Alexander is not satisfied with the agreement, he can sue for the difference of 4,000 euros only. This will allow lawsuits to be resolved more quickly, as issues already resolved are dismissed.
- Consequences of not complying with ADR
If the plaintiff does not comply with the obligation to attempt a solution through ADR before filing the lawsuit, they could face consequences in relation to court fees. If the plaintiff wins the case, the judge can reject the request for court fees compensation or reduce these if they consider that the settlement attempt was not carried out in a real and good faith manner. It is therefore crucial that the parties take this phase of alternative resolution seriously, as compliance is key to being eligible for compensation of court fees.
Conclusion
The aim of the Procedural Reform Act 1/2025 is to modernise the judicial system and make it more efficient. With the introduction of new procedures such as ADR, the aim is to encourage the peaceful resolution of conflicts before they reach the courts, which will benefit all those involved by reducing time and costs. It is essential that the parties understand these changes and comply with the new requirements, as failure to do so could have significant consequences in terms of legal costs.
If you need more information on how these changes may affect your case, or if you would like advice on how to proceed in your situation, please do not hesitate to contact us. We are here to help.
Selena Escandell Beutick