Digitization of Alternative Dispute Resolution Mechanisms (ADR) under Organic Law 1/2025

Organic Law 1/2025, published on January 2 and effective as of April 3, 2025, promotes a profound modernization of the judicial system. Its main novelty is the obligation to prove a real attempt at out-of-court settlement (ADR) before going to court in civil and commercial proceedings. This requirement seeks to speed up time, reduce the judicial burden and encourage voluntary agreements between the parties.

The Law contemplates different types of Alternative Dispute Resolution Mechanisms (ADR), divided into two categories:

• Negotiation: The parties directly seek a solution.
• Mediation: An impartial third party facilitates dialogue and consensus.
• Conciliation: A third party proposes solutions for the parties to reach an agreement.
• Collaborative law: Specialized lawyers help the parties to reach a solution without litigation.
• Confidential Binding Offer: A party proposes a formal solution which, if accepted, becomes binding.
• Independent expert opinion: A professional issues a technical assessment to facilitate a potential agreement.
• Arbitration: An arbitrator hears the case and issues a binding decision for the parties.

Law 1/2025 establishes formal requirements and legal guarantees for these mechanisms to be fully valid, making their digital transformation essential.

Digitization is not only an advantage, but a prerequisite for compliance with the new regulations. Some challenges solved by technology:

• Proof of identity and participation of the parties without the need to be present in person.
• Ensure the integrity of the contents and agreements.
• Record deadlines and key dates with hard evidence.
• Offer traceability and transparency to the entire process.
• Enable remote and secure participation of the parties.

In this new context, MailComms Group acts as a technological partner, providing digital solutions that ensure that ADR is carried out in compliance with Organic Law 1/2025:

✅ Certified digital identification
We ensure that each party is correctly identified, even from remote locations, through secure and legally valid processes.

✅ Multichannel certified notifications
We communicate intentions, calls, agreements and key deadlines through channels such as email, SMS, certified WhatsApp or post, with:

• Sender and receiver authentication.
• Verifiable record of shipment, contents, delivery and opening.
• Intelligent automation based on recipient behavior.

✅ Advanced electronic signature
Once an agreement is reached, we offer a digital signature with legal validity from any device and place, complying with the provisions of the Law.

The correct digitization of ADR processes allows:

• Comply with new legal requirements.
• To avoid the inadmissibility of claims due to lack of accreditation.
• Streamline dispute resolution and reduce costs.
• Guarantee transparency, confidentiality and traceability.
• Provide easier, faster and fairer access to justice.

Organic Law 1/2025 not only obliges the parties to attempt to resolve disputes through ADR, but also requires that this attempt be properly documented and certified. Digitization is the only effective way to meet these requirements and ensure the validity of the process.

At MailComms Group, we help you implement technological solutions that ensure that your negotiation, mediation, conciliation, arbitration and other procedures are valid, efficient and secure.

📩 Are you ready for this new legal environment? We are, and we are here to help you adapt.