How mediation (mediación) works in Spain and what it costs

Terms used

• Escritura pública — The escritura pública is a document formalised before a notary, which makes your mediation agreement enforceable.
• Sesión informativa — The sesión informativa is the free first meeting where the mediator explains how mediation works.
• Sesión constitutiva — The sesión constitutiva is the session where you sign the mediation protocol setting rules, costs and timetable.
• Acta final — The acta final is the record signed at the end of mediation, with or without an agreement.

Key rules

• Voluntary: Mediation is voluntary and confidential, and you can leave at any time.
• Cost sharing: Costs are split equally unless you agree otherwise in writing.
• Information session: Skipping the free information session counts as withdrawal.
• Enforceability: Your agreement only becomes enforceable once a notary makes it a public deed or a court approves it.
• Duration: Mediation generally lasts at most 3 months, extendable in some cases.

What mediation is

Mediation (mediación) is a voluntary, confidential process. A neutral, registered mediator helps you and the other side reach your own agreement. The mediator does not decide who is right. Either side can walk away.

It suits civil, commercial and family disputes. It does not cover matters the parties cannot freely settle between themselves.

How to find a registered mediator

Start with the Ministry of Justice's register of mediators and mediation institutions. You can search it online by name, province and speciality.

Other places to look:

• Your regional mediation register.
• The local bar association (Colegio de Abogados) or notaries' association.
• The chamber of commerce (cámara de comercio).
• The mediation service linked to your local courts, where your region has one.
• Private mediation institutions and associations, which publish directories.

Regional registers and coverage differ, so a mediator listed in one region may not cover another.

What it costs

The price depends on the type and value of the dispute, the mediator or institution, and the number of sessions. Individual mediators usually charge by the hour or by session. Institutions publish tariffs that rise with the amount in dispute.

Costs are split equally between the parties unless you agree otherwise. Agree this in writing before you start.

Free or subsidised help exists in some cases: court-linked mediation services in some regions, consumer arbitration boards, and legal aid for people who qualify. Ask your regional justice department what is available to you. Always ask the mediator for the current fee before you book.

How the process runs

1. Request. One side or both ask for mediation, or you follow an earlier agreement to mediate.
2. Information session. The mediator invites you to a free session (sesión informativa). If you do not attend, it counts as withdrawal.
3. First formal session. At the sesión constitutiva you sign the mediation protocol. It sets the rules, costs and timetable.
4. Working sessions. The law says the number of sessions must be limited and the process kept as short as possible.
5. Final record. The process ends with the acta final, signed whether or not you reached an agreement.

Expect a few weeks to a few months. The general maximum is 3 months, and it can be extended in some cases.

Many mediators offer sessions by video call. Each one decides this for themselves, so confirm before you book.

Making the agreement enforceable

A signed mediation agreement is not automatically enforceable. You need one more step:

• Mediation outside a court case: go to a notary and have the agreement made into a public deed (escritura pública). The notary checks that it meets the legal requirements and is not against the law or public policy. Both parties must request it, or one of you with the other's consent.
• Mediation within a court case: ask the court to approve the agreement.

Once it is a deed or court-approved, you can enforce it like a court ruling if the other side does not comply. If you reached the agreement abroad, it must meet the requirements for recognising foreign documents.

To compare mediation with negotiation, conciliation and arbitration, see the comparison below. The timeline, checklist and FAQ below cover the steps and common questions.

Negotiation, mediation, conciliation and arbitration compared

Which route fits your dispute

Negotiation and mediation are the usual starting points. Conciliation is the cheapest way to get an enforceable deal. Arbitration is different: it replaces the judge, so choose it only if you want a final decision outside the courts.

A MASC is an out-of-court attempt to settle that you may need to show before suing.

How to choose

Ask yourself four questions.

1. Do you need to show a settlement attempt before going to court? Use negotiation, mediation or conciliation. Keep a written record of every proposal and reply.
2. Is there still a working relationship? If you can talk, start with negotiation. If talks have stalled or are tense, a mediator helps.
3. Do you need a deal you can enforce without a trial? Mediation followed by a notary's deed, or conciliation, gives you that. A plain private agreement does not.
4. Do you want a final decision without a court? Arbitration only works if both sides signed a written arbitration clause or agree to one now. Courts stay out of the dispute once it applies. They can still order interim measures, help with evidence, and hear a challenge to the award. Some matters, such as certain family issues, cannot go to arbitration.

If money is tight, ask about free or subsidised mediation through court-linked services, consumer arbitration boards, or free legal aid. Availability depends on your region, so ask the regional justice department.

For any route, check the current fee with the mediator, notary, registrar or institution before you book.

Check current fees with the mediator, notary, registrar or your regional justice department before you choose.

Timeline and deadlines

• One or both parties send a request for mediation, or it follows a prior agreement to mediate: at the start

• Attend the free information session; if you do not attend, it counts as withdrawal: after the mediator calls you

• Sign the mediation protocol at the constitutive session, which sets the rules, costs and timetable: after the information session

• Take part in the working sessions, which the law says must be limited in number: in the following weeks

• Sign the final record, with or without an agreement: when the mediation ends

• Take the agreement to a notary for a public deed, or ask the court to approve it: after signing the agreement

• Mediation as a whole usually lasts a few weeks to a few months, with a general maximum of 3 months, extendable in some cases: from the first session to the final record

Checklist

• Ask the mediator or institution for their fee: by the hour, by session, or by a tariff that rises with the amount in dispute.

• Agree in writing how the cost is shared; it is split equally unless you agree otherwise.

• Ask your regional justice department whether free or subsidised mediation is available, or whether free legal aid covers it.

• Attend the free information session so that your request is not treated as withdrawn.

• Confirm with the mediator whether sessions can be held by video call before you book.

• Sign the final record when the mediation ends.

• Go with the other party to a notary to turn the signed agreement into a public deed, so it can be enforced.

• Ask the court to approve the agreement if the mediation took place within a court case.

Frequently asked questions

Where can I search for a registered mediator in Spain?

You can search the Ministry of Justice's register of mediators and mediation institutions by name, province and speciality. Regional mediation registers, bar associations (Colegios de Abogados), notary associations and chambers of commerce also keep lists. Coverage differs by region, so try the regional one too.

Can I get mediation for free or at a reduced cost?

Yes, free or subsidised mediation exists in some regions through court-linked mediation services and consumer arbitration boards. If you are entitled to free legal aid, the mediation cost can be covered in certain cases. Ask the mediator or your regional justice department what applies to you.

Can I do mediation by video call?

Yes, many mediators and institutions offer mediation by video call, as long as identity and confidentiality are secured. Each mediator decides whether to accept remote sessions, so confirm this before you book.

Who asks the notary to make a mediation agreement enforceable?

The parties request the notarial deed together, or one party can request it with the others' consent.