Ley 1/2025: conciliación notarial y otras actuaciones notariales en los medios alternativos de solución de controversias (MASC) y su elevación a público

Abstract

Notarial conciliation, under the new Law 1/2025, emerges as a fundamental pillar within the Alternative Dispute Resolution Mechanisms (ADR), establishing itself as a prior and essential requirement for procedural admissibility to access the judicial system. The notary, acting beyond a mere witness of wills, assumes the role of an active conciliator, guiding the parties towards transactional agreements, always under the principles of impartiality, confidentiality, and good faith. The procedure, flexible and adapted to practical reality, covers from the initial request to the notarization of agreements, with clear enforceable effects. Nevertheless, significant challenges remain, such as establishing criteria regarding the contestation of good faith, the unilateral execution of notarization, and considering notarial fees as possible procedural costs. In sum, notarial conciliation consolidates an effective and pragmatic tool for more efficient justice, avoiding unnecessary litigation and strengthening collaboration between parties, always backed by the solid guarantee provided by the notarial function.