Spanish Congress debates ending mandatory mediation in divorces with minors

The Spanish Congress is considering a legislative proposal by the Basque Nationalist Party (PNV) to eliminate mandatory mediation in divorce and separation cases involving minors. The initiative seeks to remove the requirement to use Alternative Dispute Resolution (MASC) mechanisms before judicial intervention in these specific family matters.

Legal professionals, including the Spanish Association of Family Lawyers (Aeafa), argue that mandatory mediation causes significant delays, sometimes up to 18 months. They contend these delays jeopardize the fundamental rights of minors by stalling urgent decisions regarding custody, child support, medical treatments, and school placements.

While the PNV and the People's Party (PP) support removing the mandatory nature of these proceedings to expedite justice, the Socialist Party (PSOE) has called for caution, noting that recent data shows a nearly 30% decrease in litigation since the current law was implemented in April 2025.