ADRM before suing: requirements, deadlines, and burofax

As of April 3, 2025, before filing numerous civil lawsuits, it is mandatory to attempt an Adequate Dispute Resolution Method (ADRM).

This prior negotiation was introduced by Organic Law 1/2025, of January 2. Its purpose is to encourage out-of-court settlements and prevent certain conflicts from going directly to the courts.

💡 Most importantly: Reaching an agreement is not mandatory. What the law requires, as a general rule, is to promote a negotiating activity in good faith, related to the object of the future lawsuit, and to be able to provide documentary evidence of it.

What is an ADRM?

The acronym ADRM stands for Adequate Dispute Resolution Methods (known in Spanish as MASC). These are procedures that allow for an attempt to resolve a conflict without immediately initiating a trial.

Organic Law 1/2025 admits, among others, the following ADRMs:

• - Direct negotiation between the parties.

• - Negotiation through lawyers.

• - Mediation.

• - Conciliation.

• - Neutral opinion of an independent expert.

• - Confidential binding offer.

• - Collaborative Law process.

• - Other legally recognized negotiation procedures.

The parties may reach a full or partial agreement. If there is no agreement, they may file the lawsuit provided they have correctly fulfilled the prior negotiation requirement.

When is it mandatory to attempt an ADRM before suing?

As a general rule, it is necessary to attempt an ADRM before filing numerous lawsuits corresponding to civil declaratory and special proceedings.

Prior negotiation may be mandatory in conflicts related to:

• - Debt claims.

• - Breach of contract.

• - Leases/Rentals.

• - Sales and purchases.

• - Homeowners' associations.

• - Provision of services.

• - Civil liability.

• - Certain family disputes.

• - Other civil or commercial matters included within the scope of the law.

⚠️ The obligation does not depend solely on the type of conflict. It must also be verified which judicial procedure is intended to be initiated and if a legal exception exists.

When is it not mandatory to resort to an ADRM?

Organic Law 1/2025 establishes different exceptions to the ADRM requirement.

Prior negotiation is not required, among other cases, in proceedings concerning:

• - The civil protection of fundamental rights.

• - Measures for the protection of minors under Article 158 of the Civil Code.

• - Certain judicial support measures for persons with disabilities.

• - Filiation, paternity, or maternity.

• - Summary protection of possession or tenancy.

• - Urgent demolition of works in a state of ruin or that may cause damage.

• - Certain child protection procedures.

Nor is it necessary to attempt an ADRM to:

• - File an enforcement claim (executive lawsuit).

• - Request precautionary measures before the lawsuit.

• - Request preliminary proceedings.

• - Initiate, as a general rule, a voluntary jurisdiction file.

• - File a European Payment Order.

• - Initiate a European Small Claims Procedure.

The general ADRM regime also does not apply to labor, criminal, or insolvency matters, nor to matters in which one of the parties is a public sector entity.

How is the attempt at prior negotiation accredited?

It is not enough to claim that an attempt was made to speak with the other party. The ADRM or its attempt must be documented.

When a neutral third party is not involved, a document signed by both parties may be used, stating:

• - The identity of the parties.

• - The object of the conflict.

• - The date of the negotiation.

• - The meetings held.

• - The professionals who participated.

• - A declaration that the parties participated in good faith.

If there is no document signed by both parties, the attempt can also be accredited by a document demonstrating:

• ✅ That the recipient received the request, invitation, or proposal.

• ✅ The date of receipt.

• ✅ That they were able to access the full content of the communication.

When a mediator, conciliator, or expert intervenes, they must issue the corresponding accrediting document.

What should an ADRM proposal include?

The communication used to initiate the ADRM must sufficiently define the conflict.

It is recommended to include:

• - The identity of the person making the claim.

• - The identity of the recipient person or company.

• - The origin of the dispute.

• - The issues proposed for negotiation.

• - A possible solution, when appropriate.

• - The method and deadline for responding.

• - The express will to seek a negotiated solution.

There must be identity between the object of the negotiation and the object of the subsequent judicial procedure, although the specific requests of the lawsuit may vary.

It is not always essential to present a financial offer or a closed solution from the beginning.

❗ A generic invitation, a simple payment demand, or a mere threat of a lawsuit might be insufficient.

Does a burofax serve as an ADRM?

A burofax can serve to accredit an ADRM, but it does not constitute a dispute resolution modality in itself.

The burofax is the means used to send and prove the existence of a request, invitation, or negotiation proposal.

To reduce the risk of the future lawsuit being inadmissible, the burofax should allow for the accreditation of:

• - The identity of the sender and the recipient.

• - The full content of the communication.

• - The date of sending and receipt.

• - The specific object of the dispute.

• - The express invitation to negotiate.

• - The possibility to respond or formulate a counter-proposal.

⚠️ Not just any burofax fulfills the ADRM requirement. If it only demands payment or announces a lawsuit, without offering a real possibility of negotiation, it could be considered insufficient.

In 2026, the Provincial Court of Murcia considered that a burofax sent before a divorce petition fulfilled the prior negotiation requirement. The ruling understood that the recipient's lack of response could not prevent the plaintiff's access to the courts. The General Council of the Judiciary published an explanation of this resolution.

This decision refers to a specific case and does not mean that any burofax is sufficient regardless of its content.

Can the ADRM be sent by email?

An email can serve to accredit prior negotiation if it allows for the demonstration of:

• - Its full content.

• - The identity of the sender and the recipient.

• - The date of receipt.

• - That the recipient was able to access the message.

Ordinary email may pose problems if the other party denies having received it and there is no acknowledgment, response, or reliable evidence of its delivery.

💡 When there is a risk of dispute, it is advisable to use a system that certifies both the content and the receipt.

What happens if the other party does not respond to the ADRM?

The lack of response does not prevent the subsequent filing of a lawsuit.

As a general rule, the negotiation is considered terminated without agreement when 30 calendar days have elapsed since the other party received the initial request and:

• - A first meeting is not held.

• - No contact aimed at reaching an agreement occurs.

• - No written response is received.

If negotiation has already begun and a specific proposal remains unanswered, it can also be considered terminated once 30 calendar days have elapsed since its receipt.

The negotiation process may also end:

• When three months have elapsed since the first meeting without an agreement, unless the parties decide to continue.

• When one party communicates in writing to the other that they consider the negotiation terminated.

Summary of Deadlines

How long must one wait to file the lawsuit?

If the recipient does not respond to the initial request, it will normally be necessary to wait 30 calendar days from its receipt to consider the negotiation attempt terminated.

The lawsuit must be filed within a period of one year:

• - From the receipt of the request, when there is no response.

• - From the termination of the negotiation, when it has been initiated and ended without agreement.

If that year elapses, the previous attempt will no longer serve to fulfill the procedural requirement. If the ADRM remains mandatory, a new negotiation must be promoted.

There are special rules when precautionary measures are requested or adopted. Furthermore, initiating an ADRM may interrupt the statute of limitations or suspend the expiration (caducity) under the terms provided by law.

Is the content of the ADRM confidential?

As a general rule, the negotiation process and the documentation used are confidential.

The duty of confidentiality affects:

• - The parties.

• - Their lawyers.

• - The mediators or conciliators.

• - The experts.

• - Other professionals involved.

Information regarding whether the parties attended the negotiation attempt and the identification of the object of the dispute is not confidential. These data may be provided to prove that the ADRM requirement was met.

Except in cases expressly permitted by law, proposals and statements made during the negotiation cannot be used as evidence in the subsequent judicial proceeding.

What happens if a lawsuit is filed without an ADRM?

When the ADRM is mandatory, the lawsuit must indicate the negotiating activity carried out and be accompanied by the document accrediting the attempt.

If the requirement is not met or not correctly demonstrated, the court may dismiss the lawsuit as inadmissible.

Before going to court, it must be verified:

• - If the ADRM is mandatory.

• - If the communication refers to the same conflict.

• - If its content is sufficient.

• - If its receipt can be proven.

• - If the deadlines have been respected.

• - If all necessary documentation is preserved.

Can the ADRM influence legal costs?

Yes. The conduct of the parties during the negotiation can influence the decision on legal costs.

The court may assess:

• - The collaboration of the parties.

• - The unjustified refusal to negotiate.

• - The possible abuse of the public Justice service.

• - The proposals formulated before the trial.

• - The relationship between those proposals and the subsequent judicial resolution.

The rejection of a proposal does not automatically result in a sanction. However, when the judgment is substantially coincident with a rejected proposal, this circumstance may have effects on the exoneration or moderation of costs.

Is it mandatory to hire a lawyer for an ADRM?

The intervention of a lawyer is not mandatory in all ADRMs.

It is mandatory when a confidential binding offer is used, except:

• - That the amount of the conflict does not exceed 2,000 euros.

• - That sectoral legislation allows it to be formulated or accepted without a lawyer.

Although not mandatory, having legal advice may be recommended when:

• - The amount claimed is high.

• - There are deadlines close to expiring.

• - The conflict is legally complex.

• - The negotiation affects minors or family relationships.

• - The proposal may condition a subsequent lawsuit.

• - The other party is already assisted by a lawyer.

Persons who meet the legal requirements may request free legal aid. Its regulation can be consulted in Law 1/1996, of January 10, on free legal aid.

Frequently Asked Questions about ADRM before suing

Is it mandatory to reach an agreement?

No. It is only mandatory to attempt negotiation in good faith when the law requires it. If there is no agreement, the lawsuit may be filed by correctly accrediting the attempt.

Is the other party obliged to answer?

No. If they do not respond, the negotiation may be considered terminated once the legal period has elapsed, provided it can be proven that they received the communication.

Can I perform an ADRM without a mediator?

Yes. Direct negotiation between the parties or between their lawyers can fulfill the requirement.

Is a payment demand sufficient as an ADRM?

Not always. If it is limited to demanding payment and threatening a lawsuit, it could be insufficient. It is advisable to incorporate an express and effective invitation to negotiate.

How long does an ADRM last?

If there is no response or first contact, it can normally be terminated after 30 calendar days. If a first meeting is held, the process can end after three months without agreement, unless the parties decide to continue.

How long is an ADRM valid?

As a general rule, the lawsuit must be filed within the year following the receipt of the unanswered request or the termination of the negotiation without agreement.

Do ADRMs apply to criminal proceedings?

No. Criminal matters are excluded from the general regime established by Organic Law 1/2025.

Are ADRMs mandatory in divorces?

They may be mandatory in certain lawsuits for annulment, separation, divorce, and family measures. However, there are exceptions related to non-disposable matters, violence, and urgent protection measures that must be analyzed in each case.

Conclusion: how to comply with the ADRM before suing

Attempting an ADRM before suing constitutes a mandatory requirement in numerous civil proceedings since April 3, 2025.

To comply correctly, it is necessary to:

1. - Check if the procedure is subject to prior negotiation.

2. - Clearly define the conflict.

3. - Formulate a real request or invitation to negotiate.

4. - Use a means that accredits the content and receipt.

5. - Respect the applicable deadline.

6. - Preserve all documentation.

7. - File the lawsuit within the following year when there is no agreement.

A defect in the prior negotiation can delay the procedure or cause the lawsuit to be inadmissible. Therefore, when there are doubts about the content of the communication, the deadlines, or the most appropriate ADRM, it is advisable to seek legal advice.

📌 Remember: each case may present special circumstances. Correctly reviewing the ADRM requirement before suing can avoid subsequent procedural incidents.

Content updated in September 2026. This article is for informational purposes, does not replace the analysis of the circumstances of each case, and does not constitute legal advice.