Second Congress of the Spanish Business Litigation Club

On 9 October 2025, the Second Congress of the Spanish Business Litigation Club was held on the subject of ‘Negotiated Justice’, which focused on the analysis of appropriate means of non-judicial dispute resolution (MASC) introduced by LO 1/2025, of 2 January, on measures relating to the efficiency of the Public Justice Service.

Belén Mora Capitán, partner at Cortés, Abogados, participated in the round table discussion ‘Negotiated civil justice (II); specific problems of ADR,’ together with Judge Ana María Carrascosa Miguel, Court Clerk Adrián Gómez Linacero, and lawyer Borja Romero Rodríguez.

In her speech, Belén Mora Capitán criticised the current regulation of MASCs, which has been a source of considerable legal uncertainty in the first few months since LO 1/2025 came into force, and highlighted the need for a constitutional interpretation of the law, particularly with regard to the inadmissibility of requiring the parties to partially waive their legitimate rights and interests in order to meet the requirements for admissibility.