Notarial Conciliation
Resolving discrepancies is now easier thanks to notarial conciliation. Notarial mediation to solve disputes in notary offices without resorting to the judicial sphere is now possible with the publication of the Organic Law 1/2025, of 2 January, on measures regarding the efficiency of the Public Justice Service. However, there were already previous powers to resolve disputes before a Notary with the Law 15/2015, of 2 July, on Voluntary Jurisdiction.
Notarial Mediation for Agreements before Trial
With this new law, mediation before a Notary is mandatory to try to resolve a disagreement before proceeding with the filing of a legal claim. Therefore, it will be processed as an extrajudicial conflict resolution before a Notary.
Only if it is impossible to resolve the dispute, can the voluntary jurisdiction procedure be requested, that is, the intervention of a judge. Likewise, following the publication of this law, it is mandatory to prove that an attempt has been made to reach a prior consensus through the channels provided for by the Law.
What agreements does a notarial conciliation deal with?
A Notary for civil or commercial litigation may intervene in said notarial conciliation to try to reach agreements before trial in these areas, as well as in cross-border cases.
Furthermore, if the parties involved agree, it may be applied to unresolved previous disputes.
Examples of conciliation before a Notary
With such notarial mediation, the following can be reconciled:
- Economic debts between siblings
- Settlement of prenuptial agreements
- Disputes over inheritances
- Property foreclosures
- Non-payments between companies
- Disputes between partners or shareholders of commercial companies
- Claims for defects following the sale of property
- Sale of vehicles that have turned out to be defective
- Lawsuits against financial institutions for interest charges
What are the benefits of notarial conciliation?
Its main benefit is the speed of the procedure, avoiding the delay time in judicial litigation (which can range from 9 months to more than a year). A notarial mediation file can be resolved in approximately 15 working days.
We must not forget that the Notary acts as an impartial figure who can help reach an agreement without it being imposed by a judge, which would result in dissatisfaction for one of the parties involved.
Likewise, it should be remembered that notarial conciliation is cheaper, and one of the reasons is that the presence of lawyers is not necessary.
What happens if the negotiation before a Notary fails?
Only in the event that the notarial negotiation fails, recourse may be had to the courts. However, it must be proven that this extrajudicial notarial negotiation procedure has previously taken place.
The claim will not be accepted if this prior step has not been taken.
How much time do I have to file a lawsuit after the conciliation record at the Notary?
The law stipulates a one-year period for filing a lawsuit from the end of the negotiation at the notary or from when the negotiation request was received by the opposing party without the process having been initiated.
The Deed of Conciliation before a Notary
To carry out a notarial conciliation, one of the parties must send a request detailing the subject matter to be negotiated. If the request receives no response after 30 days, it is also possible to proceed with a legal claim.
After making an appointment with a Notary, the preparation of a notarial conciliation record follows, along with the requirement for presentation to the opposing party. On the agreed day, the facts will be presented and the evidence of the dispute that each of the parties involved possesses will be submitted.
Notarial conciliation is an act that seeks to achieve a mutual agreement between the parties involved, and therefore, the Notary will offer different solutions.
Provided that the agreement reached complies with legal requirements, it will be elevated to a public deed, granting executive character for those cases in which there is a breach of the agreement.
What should the application for conciliation before a Notary contain?
It will be necessary:
- DNI, NIE or Passport of the applicant
- Identification of the other parties involved along with their address
- Presentation of the subject of conciliation
- Documents or evidence necessary for the applicant
The role of the Notary in extrajudicial conciliation
The Notary acts as a public official expert in private law to attempt an amicable solution between the parties involved. The figure of the Notary as mediator is proposed due to their high level of knowledge in legal matters and the legal system, and they act impartially.
In fact, it should be noted that the provisions discussed in the notarial conciliation will be taken into account in any future judicial litigation between the parties who have not reached an agreement. If the court ruling adopts one of the proposals offered in the conciliation that were previously not accepted, the affected party may even request the moderation of the amount or its exemption.
Can a deed of conciliation be granted unilaterally before a Notary?
It is not strictly a matter of the settlement deed being able to be granted unilaterally from the outset, but rather that the parties may mutually require the elevation to public deed of the agreement reached. If one of them does not comply with the request, the interested party may proceed with unilateral granting, provided that the request is made through the Notary called to authorise the deed, who will record said request and its lack of compliance.
Furthermore, the presence of the neutral third party is not necessary at the act of granting the public deed.
Should taxes be paid on the profits obtained after mediation before a Notary?
The Law provides that these agreements, when notarised and elevated to a public deed, shall be exempt from the payment of the compensation obtained.
Online Notarial Mediation
Likewise, Law 1/2025 also provides that such conciliation before a Notary may be carried out through a videoconference in the online notaries. The main requirement for online conciliation is that the identification of the participants is guaranteed.
Furthermore, this method is provided for in notarial agreements before trial with claims not exceeding €600.
Your agreements before trial before a Notary
The saturation in the courts creates a situation in which litigation can be long and costly. For this reason, notarial conciliation is presented as the best alternative to resolve disputes quickly, efficiently, and economically. Thanks to the intervention of a Notary, you can reach fair agreements and avoid the emotional and financial strain of a judicial process.
If you need advice on how to carry out a notarial conciliation in Barcelona, our team of experts is here to help you. At our notary office, we will guide you through every step of the process, ensuring that all legal requirements are met and that you achieve the best possible solution for your case.
Contact us today and schedule an appointment with our Notaries in Barcelona office. We are here to offer you the best legal solution, with the professionalism and trust you need.
By your side in the moments that matter
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
