Arbitration

To avoid court proceedings between inheritors and or legatees , the testator can order in the last will that an arbitration proceeding is to take place, assuming that no beneficiaries with a reserved share are involved.

The beneficiaries can also agree, amongst themselves, to start an arbitration proceeding to avoid a court case. This means that no court case will take place in the future because adoting the arbitration means the waiving of the civil action.

Mediation

Mediation means that the beneficiaries resolve any problems that may arise from the Last will, or the titularity of the assets, the sharing out, or anything regarding the inheritance, by themselves.

It is a completely voluntary proceeding in which, with the help of a mediator, the parties involved may settle the dispute. It starts with the so called “sesión informativa” and finishes when anyone wants to leave or when an agreement is reached, in which case this agreement is to be enforced as legally binding.

Until an agreement is reached anyone can start court proceedings. All the issues dealt with and conversations held are completely secret and can not be revealed in court