Conciliation (acto de conciliación) before a court clerk or notary

Terms used

• Acto de conciliación — The acto de conciliación is a formal meeting before an official where two sides try to settle a dispute without going to court.
• Letrado de la administración de justicia — The letrado de la administración de justicia is the court clerk, a senior court official who can hold conciliations.
• Juez de paz — The juez de paz is a local lay judge who handles small matters in municipalities with no first-instance court.
• Procurador — The procurador is the professional who represents you in court procedures alongside your lawyer.
• Acta — The acta is the official written record of what happened at the meeting.

Key rules

• Other side's consent: The other side must agree to attend, so you cannot force them to take part.
• Cost: Individuals pay no court fee before the court clerk or juez de paz, while notaries and registrars charge official scale fees.
• Enforcement: An agreement reached before a court clerk, juez de paz or notary can be enforced directly through the courts.
• Required attempt: A conciliation counts as the documented settlement attempt most civil and commercial claims need before court.

What a conciliation is

A conciliation (acto de conciliación) is a short formal meeting where an official helps you and the other side try to settle a dispute without a lawsuit. It is cheap, it is quick to set up, and what you agree has real legal force.

It covers civil and commercial disputes about rights you are free to settle between yourselves. Employment disputes have their own separate conciliation process.

Where it takes place

You have three options:

• Court clerk (letrado de la administración de justicia). You go to the first-instance court in the area where the other side lives. In small towns with no such court, the juez de paz handles it, again by the other side's home address.
• Notary. A notary can hold it within their area.
• Registrar. A registrador de la propiedad or mercantil can also hold it.

The other side must agree to attend. You cannot make them take part, so ask whether they will come before you start.

What it costs

Before the court clerk or juez de paz you need no lawyer or procurador, and individuals pay no court fee.

A notary charges under the official notarial scale. The fee depends on the matter and on whether it has a set value. A registrar charges under the registrars' scale, and it is usually modest. Ask the notary or registrar for the exact amount before you book.

What you get at the end

If you agree, the official issues a certificate or records the deal in an acta or deed. Before a court clerk, juez de paz or notary, that agreement can be enforced through the courts directly, like a judgment. You do not need a new lawsuit to enforce it.

The other side can still challenge the agreement in an ordinary court action on general grounds, such as a defect in consent or illegality. Doing so does not by itself stop enforcement.

If nobody agrees to anything, the acta records that no agreement was reached. You are then free to sue.

Does it count as a required settlement attempt?

Yes. Since April 2025, most civil and commercial claims require a documented attempt at an alternative dispute resolution method before you go to court. Conciliation before a court clerk, notary or registrar is one valid way to meet that requirement, alongside mediation and negotiation between lawyers. When you file your claim, you must show that the attempt took place or was made. The certificate or acta serves as that proof. Some matters are exempt, such as certain consumer or urgent cases, so check before you file.

The documents and common questions are in the sections below.

Documents you need

• The certificate, acta or deed the official issues when you reach an agreement. Keep the original, as it is the enforceable title if the other side does not comply.

• The acta recording that no agreement was reached, if the conciliation fails. It leaves the way open to sue.

• Proof that the settlement attempt took place or was made, such as the certificate or acta from the court clerk, notary or registrador. Your claim must show it when you file.

Frequently asked questions

Does a conciliation agreement have to be enforced through a new lawsuit?

No, an agreement reached before a court clerk, a juez de paz or a notary is already an enforceable title (título ejecutivo). You can ask a court to enforce it directly, much like a judgment. The other side can still challenge it in an ordinary action for reasons such as defective consent or illegality, but that does not by itself stop enforcement.

What happens if the other side agrees to nothing at the conciliation?

If no agreement is reached, the official records that in the acta, and the way stays open for you to sue. The acta can also serve as proof of your attempt to settle, since conciliation is one of the valid ways of meeting the settlement requirement.

Do I need a lawyer for a conciliation before the court clerk?

No, conciliation before the court clerk or a juez de paz needs no lawyer or procurador (court representative) and carries no court fee for individuals. A notary charges under the notarial tariff, which depends on the matter. A registrador charges under the registrars' tariff, which is usually modest.

Can I force the other side to attend a conciliation?

No, both sides must agree to appear, and the matter must be one the parties can freely dispose of. Employment disputes are not covered, because they have their own separate conciliation.