No news on the judicial front in Maspalomas. Officials await instructions. In what is considered an important step towards legal certainty and consistency in the application of the law, the First Instance judges of Las Palmas de Gran Canaria have agreed to unify criteria on the application of Alternative Dispute Resolution Methods (ADR), as established by Organic Law 1/2025, of January 2. This agreement, adopted on April 3 during a Judges' Meeting, responds to the need for a consistent interpretation of a law that directly affects the fundamental right of access to jurisdiction, in a context of legal concerns and regulatory gaps.
The Organic Law on Measures for the Efficiency of the Public Justice Service (LOMESPJ) requires the prior attempt at a MASC (Comparative Procedure for the Proceedings of the Agreed Process) for the admission of many civil and commercial claims. However, its wording has generated doubts and legal loopholes that, given the lack of consolidated jurisprudence, have required interpretation by the judicial bodies. With this unification of criteria, the judges of Las Palmas seek to avoid contradictory decisions and ensure consistent application of the law in the local judicial sphere.
In total, the judges agreed on 10 fundamental criteria that, although not legally binding, have a significant guiding effect on the handling of claims. These include the incurability of omitted ADR, its application in summary proceedings, and the requirement of reliable evidence of receipt of the negotiation attempt, among others. Exceptions were also considered in cases of procedural economy and in proceedings where the nature of the claim makes meeting deadlines unfeasible. This effort on the part of the judges not only facilitates more efficient conflict resolution but also reinforces the culture of negotiated resolution promoted by the legal reform.
