Irene Arévalo analyses the challenges of the MASC after 100 days of the Procedural Efficiency Law | El Confidencial

One hundred days after the Procedural Efficiency Law came into force, the major law firms agree: alternative dispute resolution methods (ADR) are not meeting expectations.

Irene Arévalo, Partner in Litigation and Arbitration at Gómez-Acebo & Pombo, warns that the application of ADR has, in practice, become a mere formal procedure that prolongs legal processes and increases costs for clients.

“Our experience in the initial months of implementing ADR has not been particularly encouraging. So far, it is treated more as a formal procedure or a ‘toll’ to be paid before starting judicial proceedings rather than a genuine opportunity for negotiation. This results in longer wait times for clients before they can obtain judicial protection and leads to higher costs to do so.” emphasises Arévalo.

The success of the law will depend on ADR evolving from a formal requirement into a genuine tool for the effective resolution of disputes. Until this transformation occurs, the regulation risks adding procedural steps without easing pressure on the courts or improving access to justice.

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