Organic Law 1/2025 of 2 January on measures for the efficiency of the Public Justice Service
The recent Organic Law 1/2025 (the "lo 1/25"), establishes a series of modifications that affect the traditional conception of the process and that, according to the explanatory memorandum, are aimed at modernising the judicial system to make it more accessible and efficient. However, these changes require a redefinition of the procedural action of the parties by establishing new requirements for the initiation of legal proceedings.
In the present text we will analyse the most relevant aspects of this new regulation which aims to reform the Spanish judicial system with the objective of improving efficiency, reducing the workload of the courts while promoting the use of Appropriate Methods of Dispute Resolution ("ADR").
This new regulation provides for a modification of the organisation of the judicial system and introduces a series of procedural efficiency measures aimed at reducing litigation.
Although various legislative aspects have been reformed, perhaps the most relevant change, and the one to which we will mainly refer, is the strengthening of ADR, which has gone from being voluntary and optional tools to become genuine procedural requirements in certain civil and commercial matters.
In other words, ADR will continue to be characterised by traditional principles such as good faith, but will no longer be voluntary in the traditional sense.
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