Settling a dispute before court

It is for anyone considering, planning or carrying out a move to Spain who may end up in a dispute there. You will know what to try before suing, how to prove you tried it, and how to make a deal stick.

Start with "Do you have to try settlement (MASC) before suing in Spain?". It tells you whether the prior-attempt rule applies to your case, what the exceptions are and what counts as a valid attempt. The other pages build on it.

Two situations are covered elsewhere: escalating a consumer complaint, and neighbour noise disputes. If someone is suing you, that is also a separate matter.

Key rules

• Prior attempt: Most civil and commercial claims on rights the parties can freely dispose of need a documented attempt at settlement before you file, for claims filed after 3 April 2025.
• No reply: If the other side does not reply within 30 business days of receiving your proposal, the attempt counts as failed and you can file.
• Stopping the clock: A provable out-of-court demand, such as a burofax, restarts the full limitation period from zero.
• General time limit: Personal claims with no special period expire after 5 years from when you could first demand performance.
• Proof: Attach proof of the attempt to your claim, or the court may not admit it.
• Voluntary: Mediation is voluntary and confidential, and you can leave at any time.

Settling a dispute before court: the whole process, step by step

From first check to court

• Check whether you need a settlement attempt before suing. Read: Do you have to try settlement (MASC) before suing in Spain?: before you file, for claims filed after 3 April 2025

• Check your time limit. Read: Is it too late to claim? Spain's time limits (prescripción): before anything else; personal claims with no special period expire after 5 years from when you could first demand performance, and some claims have shorter periods, such as 1 year or 3 years

• Send a burofax demand to stop the clock and put the other side on notice. Read: The burofax: what it proves and how to send one: as soon as you have the facts; a provable out-of-court demand restarts the full limitation period from zero

• Send a settlement proposal or start mediation. Read: How mediation (mediación) works in Spain and what it costs: after the demand; mediation usually takes a few weeks to a few months, generally up to 3 months

• Use conciliation before a court clerk or notary as a low-cost alternative. Read: Conciliation (acto de conciliación) before a court clerk or notary: instead of or alongside mediation

• Wait for a reply and keep proof of the proposal and its delivery. Read: The other side will not reply: does that sink your case?: 30 business days from the other side receiving your proposal

• If the other side stays silent or refuses, treat the attempt as failed and prepare to file with your proof attached: after 30 business days without a reply

• If you reach a deal, make it enforceable. Read: Making a settlement deal enforceable, and arbitration clauses: when you sign the agreement

• If the court says your proof of an attempt is missing, fix it and file again. Read: The other side will not reply: does that sink your case?: usually within 10 days of the court's request

• Decide whether going to court is worth it, and ask about free legal aid if you cannot afford it. Read: Is it worth going to court in Spain over your dispute?: before you file; legal aid is usually decided within about 30 days

• Go to court. Expect a payment order to take a few weeks to a few months if the debtor does not oppose, a juicio verbal around 6 to 12 months and a juicio ordinario around 12 to 24 months: after the settlement attempt has failed; appeals add more time

Documents you may need

Identity and residence

• Your ID — The burofax: what it proves and how to send one

Payments and receipts

• The certificate of content and deposit — The burofax: what it proves and how to send one

Other documents

• The certificate
• Proof that your settlement proposal was sent — Do you have to try settlement (MASC) before suing in Spain?, Is it too late to claim? Spain's time limits (prescripción)
• Your demand text — The burofax: what it proves and how to send one
• Proof of your proposal and its delivery — The other side will not reply: does that sink your case?
• Proof that the settlement attempt took place or was made — Conciliation (acto de conciliación) before a court clerk or notary
• The final record — Do you have to try settlement (MASC) before suing in Spain?, The other side will not reply: does that sink your case?
• A certified copy of the content — The burofax: what it proves and how to send one
• The acta recording that no agreement was reached — Conciliation (acto de conciliación) before a court clerk or notary
• A written settlement agreement — Making a settlement deal enforceable, and arbitration clauses

Each article lists the other documents it asks for, where you need them.

Settling a dispute before court: questions that cross several articles

What proof of a settlement attempt do I attach when I file?

You attach documents that show the attempt was made, such as the final record of a mediation, or proof of your proposal and its delivery. A burofax, notarial communication or certified email showing content, date and receipt works, and the proposal should set out the claim, the amount and the facts. Read "The other side will not reply: does that sink your case?" and "The burofax: what it proves and how to send one".

Can refusing to settle make me pay the court costs?

Yes, a party who refuses to take part in a settlement attempt without good reason, or acts in bad faith, may be ordered to pay costs (costas) even if they win. The court weighs this case by case. Read "Do you have to try settlement (MASC) before suing in Spain?" and "Is it worth going to court in Spain over your dispute?".

Does a settlement attempt stop the time limit running?

Yes, sending a settlement proposal suspends the time limits from the date it is sent, and time resumes where it stopped once the attempt ends, including by no reply. A burofax demand works differently: it restarts the full limitation period, but it does not stop strict deadlines (caducidad). Read "Is it too late to claim? Spain's time limits (prescripción)" and "The burofax: what it proves and how to send one".

Does a burofax still count if the other side refuses or never collects it?

Usually yes, a burofax the addressee refuses or fails to collect can still count as a valid demand if you used the right address and the post office certified the delivery attempt. If the address was wrong or the attempt was poorly documented, it may not count.