A notarial conciliation is a voluntary, agile, and secure procedure through which the parties involved in a dispute can resolve their differences with the intervention of a Public Notary as a neutral third party. The Public Notary facilitates dialogue, ensures respect for everyone's rights, and, if an agreement is reached, records it in a fully legally valid document.
This procedure avoids court proceedings, reducing time and costs.
Notarial conciliation can be used whenever there is a conflict that can be agreed upon between the parties, in civil and commercial matters. Some common cases include:
However, it cannot be used in the following cases:
According to Organic Law 1/2025, of January 2, on measures for the effectiveness of the Administration of Justice, notarial conciliation, along with other alternative dispute resolution methods, is a prerequisite for filing a lawsuit in most civil and commercial proceedings.
Notarial conciliation begins with a request or notice in a public deed, which must be signed by all parties and includes the subject matter of the dispute, the disagreement, the fees, whether the parties will appear individually or with the assistance of an attorney or legal representative, and whether, if applicable, the procedure will culminate in a non-binding written opinion from the Public Notary.
The Notary Public acts as a neutral third party, subject to the duties of enhanced confidentiality and professional secrecy.
If an agreement is not reached, the Notary Public will record the end of the procedure without agreement in a formal record in the conciliation minutes.
Any person of legal age with legal capacity, whether individually or as a representative of a company or entity.
The public deed that records the agreements reached is fully enforceable and can be directly executed.
Yes, the parties are free to choose the Public Notary before whom they wish to conduct conciliation.
The law stipulates that the professional fees of the participants in a conciliation procedure must be previously agreed upon by the parties.
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