Spain’s Organic Law 1/2025 (LO 1/2025) on measures to improve the efficiency of the Public Justice Service has placed Alternative Dispute Resolution (ADR) at the centre of Spanish legal practice, making it a mandatory prerequisite in civil and commercial proceedings.
Within this new legal framework, an unprecedented event marks a turning point: the first Spanish Provincial Court ruling that validates Registered Email as a legitimate way to certify an ADR process.
This ruling not only reinforces the importance of ADR under LO 1/2025 but also provides much-needed clarity, reducing legal uncertainty surrounding mediation procedures since the law came into force. By recognising Registered Email as equivalent to the traditional registered post (burofax), the court consolidates it as a legally valid tool for communicating binding offers in commercial transactions. A faster and more efficient solution already used successfully by Lleida.net clients to optimise resources and ensure compliance.
Table of contents
What is ADR (MASC)?
ADR (in Spanish, Medios Adecuados de Solución de Controversias – MASC) refers to mandatory mechanisms to resolve disputes before claims can be admitted in civil and commercial courts, including those with an international dimension.
These methods —mediation, conciliation, and negotiation— encourage dialogue and collaboration, allowing parties to reach agreements through peaceful and voluntary means.
LO 1/2025 reinforces the importance of mediation and negotiation, requiring parties to provide verifiable proof of attempted ADR before taking a case to court. This ensures a faster, more cooperative judicial process.
Case background
The case was filed by a creditor against a debtor. Before going to court, the creditor sent a Confidential Binding Offer (CBO) to the debtor via Registered Email, in compliance with LO 1/2025.
However, the Commercial Court initially dismissed the case, claiming that the ADR requirement had not been proven with sufficient documentation.
The first Spanish ruling recognising ADR via Registered Email
The Provincial Court of Alicante (Ruling No. 48/2025) took a different approach. It explicitly stated that “there is no obstacle to using email as the method of communication,” thus recognising Registered Email as an effective and valid medium, thanks to:
- Verified sender identification.
- Proof of effective receipt.
- Reliable timestamp, ensuring confidentiality of content.
Importantly, the ruling clarifies that prior agreement between the parties to use email is not required. This reinforces a functional, non-formalistic interpretation of the ADR prerequisite.
The Court also referred to Article 3.1 of the Spanish Civil Code, which requires laws to adapt to “the social reality of their time.” In today’s business environment, email is an ordinary channel of communication — provided authenticity and integrity are guaranteed.
This interpretation aligns with guidelines from the Spanish General Council of Lawyers, which equates Registered Email to traditional burofax for ADR compliance.
The probative value of Registered Email
Today, Registered Email is a widely accepted and reliable communication tool across Spanish business practice. Its legal strength is supported by both EU and Spanish regulations, provided it is issued by a Qualified Trust Service Provider such as Lleida.net.
Legal foundations
Registered Email is legally recognised under a solid framework, including:
- Spanish Civil Code (1889)
- Spanish Criminal Code (1995)
- Civil Procedure Law (2000)
- Law on Information Society Services (2002)
- General Telecommunications Law (2014)
- Law 6/2020 on trust services
- EU Regulation 910/2014 (eIDAS)
The eIDAS Regulation explicitly states that electronic delivery services cannot be denied legal effect or admissibility as evidence in court solely because they are electronic.
This Regulation explicitly establishes that “data sent and received through an electronic registered delivery service shall not be denied legal effect or admissibility as evidence in legal proceedings solely on the grounds that they are in electronic form or do not meet the requirements for qualified electronic registered delivery services.”
Recent case law and various judicial rulings in Spain have reinforced this interpretation, recognizing the full legal validity of Registered Email in both commercial and procedural contexts.
Read our FAQ on registered electronic communications
Lleida.net’s pioneering role in digital justice
With over 30 years of expertise, Lleida.net has been at the forefront of digital justice in Spain, anticipating the challenges of LO 1/2025.
Our trusted electronic communication solutions enable businesses, law firms, and institutions to comply with legal requirements while ensuring full probative value for their communications.
Key advantages include:
- Verified identification of recipients.
- Legally valid proof of delivery and receipt.
- Encrypted PDF documents, ensuring confidentiality.
- Full traceability with timestamps.
- Certified evidence admissible in court.
Trust Lleida.net to certify your ADR processes. Contact us today to ensure secure, legally valid communications.