No, this isn’t a science fiction movie. On April 3, Organic Law 1/2025 of January 7 on the efficiency of the public justice system came into effect with regard to the new Alternative Dispute Resolution Mechanisms (MASC). This means that, from now on, it will no longer be possible to file a civil lawsuit without first attempting to resolve the dispute through one of the alternative methods proposed by the law.
Over the past three months, the term “admissibility requirement”—so characteristic of procedural law—has become widely known. By granting the MASC this status, the legislature has elevated “the temple of Concord” above “the temple of Justice.”
We said that this isn’t a movie, but the reality is that it could very well be a “remake.” The civil justice system already had this mechanism in place—through the judicial settlement procedure—until the 1984 reform, which transformed it into an optional process. And, by the way, to widespread applause.
The Impact on Industrial and Intellectual Property Litigation
There are quite a few new uncertainties emerging now regarding industrial and intellectual property litigation, which our litigation attorneys will be discussing over the coming weeks:
- Are we facing one of those changes that are made so that everything remains the same—meaning that, in practice, commonprocedures such as the prior notice will continue to be used, with the necessaryupdates ?
- Will the courts interpret these MASC as irremediable defects?
- How will professional firms address MASCs and the new services they entail?
Let's hope, in any case, that *The Day of the MASC*—even though it isn't the title of a movie and despite its air of being a remake—doesn't end up becoming a piece of experimental cinema that leaves moviegoers bewildered.
Enrique Armijo(Partner in theLegalDepartment at Elzaburu) andCarlos Morán(Partner in theLegal Department at Elzaburu).