Organic Law 1/2025 of 2 January, part of the Spanish legal framework and aimed at enhancing the efficiency of the Public Justice Service, introduces several mechanisms classified as Appropriate Dispute Resolution Methods (Medios Adecuados de Solución de Controversias, MASC). These instruments seek to reduce the workload of the courts and promote a culture of consensual conflict management. Among them is the independent expert opinion, a mechanism of a distinctly technical nature that offers a flexible alternative to conventional litigation in Spain, particularly in civil and commercial matters.
Within this Spanish legal context, the Independent Expert is a professional with proven technical expertise directly aligned with the subject matter of the dispute—such as engineering, construction, financial analysis, or commercial operations. Their function is to issue an impartial, well-reasoned assessment that assists the parties in understanding the factual and technical aspects of their disagreement. Unlike a judge or arbitrator, the expert does not resolve the dispute: under Spanish law, the expert’s opinion is non-binding, unless the parties—through a separate contractual arrangement—expressly agree otherwise. Even in such cases, the binding effect would stem from the parties’ agreement, not from the statute itself.
The mechanism is voluntary and requires the consent of all parties. It is also fully documented, ensuring accurate formalisation of the matters under review. While the expert’s opinion is not, by itself, an enforceable instrument, the parties may incorporate its conclusions into a settlement agreement. If they then formalise that agreement in accordance with Spanish law—particularly through a public deed—it may acquire enforceability, thereby reducing the risk of subsequent breaches or litigation. This outcome, however, depends on the parties’ explicit agreement and the proper legal formalisation of the settlement, not on any automatic effect of the expert opinion.
It is important to note that the scope of this mechanism under Organic Law 1/2025 is limited primarily to civil and commercial disputes. Certain areas—such as labour, criminal, and insolvency matters—remain outside its mandatory ambit. Moreover, for many types of civil and commercial claims, Spanish law now requires the parties to initiate a MASC prior to filing a lawsuit, establishing a procedural precondition intended to encourage negotiated solutions.
Independence, neutrality, and confidentiality constitute the core principles of the expert’s intervention. The law requires that the expert maintain absolute impartiality and that no conflict of interest be present. All information disclosed during the process is protected by confidentiality rules, enabling the parties to discuss sensitive issues without fear that their statements will be used in future proceedings. This environment fosters trust and encourages creative, tailored solutions.
Regarding appointment, the parties typically designate the expert by mutual agreement or seek candidates from accredited professional bodies such as Professional Associations or Chambers of Commerce. Spanish courts and Court Clerks may also invite the parties—once litigation has commenced—to consider using a MASC, including the independent expert opinion, particularly when the dispute revolves more around technical than legal issues. Such invitations, however, do not impose any obligation: the mechanism remains voluntary at all times.
Ultimately, the value of the independent expert opinion lies in the expert’s recognised competence, the systematic structure of the technical analysis, and the diligence of the report. When the parties adopt the conclusions and incorporate them into a properly formalised settlement, compliance is typically facilitated. For companies, this mechanism offers an efficient, discreet, and cost-effective approach that mitigates reputational and relational damage while improving the prospects of a stable commercial outcome.
In conclusion, the independent expert opinion, as introduced by Spanish Organic Law 1/2025, represents a valuable resource for businesses operating within the Spanish jurisdiction. Its technical nature, flexibility, and potential to support enforceable settlements position it as a strong complement—and in many cases, a viable alternative—to traditional litigation. Companies committed to sound legal-risk management should consider integrating this mechanism into their dispute-resolution strategies and contractual frameworks.