Spanish Law 1/2025 came into force on April 3, 2025, and it introduces numerous changes to procedural law, with particular importance for Spanish civil law. There are several new innovations, the most important of which is the obligation of parties to explore alternative dispute resolution methods (conciliation or mediation) before initiating legal proceedings. The law also introduces a new criterion for determining which party pays the procedural costs. Article 394, paragraph 1 of the Spanish Code of Civil Procedure (LEC = Ley de Enjuiciamiento Civil) basically retains the old criterion, according to which the procedural costs are borne by the party whose claims are rejected. However, the new law does not automatically make an order for costs in favour of the successful party. No order for costs will be made in favour of the successful party if they have unreasonably refused to participate in the alternative dispute resolution procedure. Thus, participation in the conciliation is the decisive factor in apportioning the costs - not the achievement of a specific result.

Clearly this new law is intended to create an incentive for out-of-court dispute resolution before resorting to the courts. As noted above, an unjustified refusal to participate will be penalized in the decision of determining costs, even if the party wins the legal case. This emphasizes the legislature's concept that all legal disputes do not have to be settled in court, and many can be resolved through a prior amicable agreement. This will also ease the burden on the courts. It remains to be seen to what extent the new provisions will be implemented in civil procedural practice.

Civil proceedings in Spain have two key players: the lawyer and the ‘procurador’. The functions of the procurador in a civil case remain the same as before under the Spanish Code of Procedure, Article 23 et seq. of the LEC. The procurador is considered the legal address for service of process on the parties. The court delivers all orders and decisions to the procurador via the LexNET platform. He or she also receives the opposing party's written submissions and forwards them to the lawyer. While the lawyer prepares the statement of claim and all other pleadings, it is the procurador who submits them to the court via LexNET. This is evident from the fact that in court orders, it is not the lawyer who is listed as the client's representative, but rather the procurador, who maintains in constant contact with the court. 

This procedure is very difficult for foreign clients to understand, as in most countries they deal directly with their lawyer in all phases of a dispute. But, while the client is in constant contact with their lawyer through calls and meetings, they will only see their procurador at law during the oral hearing. A procurador is legally required to be involved if the value in dispute exceeds €2,000.

Like a lawyer, the procurador is authorized by the client through a Spanish notarial power of procurador. A procuradors’ fees are charged at all stages of the legal proceedings, including lawsuits, appeals, and enforcement proceedings. While procurador fees are regulated by royal decree and depend on the value in dispute and the type of proceedings, procuradors are subject to only an "indicative fee schedule" established by the Bar Association of the Balearic Islands (icaib.org). It is contrary to free competition for bar associations to set mandatory fee guidelines. Therefore, a clear fee agreement should be reached with procuradors before the commencement of civil proceedings. In summary, the procurador plays a seemingly superfluous role, but is nevertheless crucial for the formal steps of the civil process. Procuradors are crucial for handling complex proceedings that require a detailed analysis of the legal circumstances.