SMAC Conciliation: The Pre-Litigation Step That Can Resolve the Dispute
Representation at the SMAC conciliation hearing (Art. 63 LRJS): dismissals, monetary claims, substantial modifications and employment disputes before litigation.
Does this apply to your business?
Have you received a dismissal letter and need to know whether the compensation offered is correct?
Do you have a pending monetary claim against your employer or former employer?
Has your company received a conciliation document and needs to prepare its position?
Do you understand the limits of what can be agreed at SMAC and its res judicata consequences?
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How we work
Prior dispute analysis
We review the relevant documentation — dismissal letter, contract, payslips, communications — and analyse the legal strength of our client's position to determine the conciliation strategy.
Conciliation position preparation
We define the negotiation parameters: the maximum claim, the acceptable minimum and the target settlement based on the risk of litigation and the likely trial outcome.
Representation at the SMAC conciliation hearing
We attend and represent our client at the formal SMAC conciliation hearing, actively negotiating to achieve the best possible settlement or recording the position for subsequent court proceedings.
Continuation to the Social Court if no agreement is reached
If conciliation ends without settlement, we file the claim before the Social Court or continue the defence in the judicial proceedings, with all preparation already completed in the preliminary phase.
The challenge
Conciliation before the Mediation, Arbitration and Conciliation Service (SMAC — Servicio de Mediación, Arbitraje y Conciliación) is a mandatory preliminary step before any employment claim, but many workers and companies face it without legal representation, losing the opportunity to reach a settlement on optimal terms or to prepare their position properly for subsequent litigation.
Our solution
We represent workers and companies at the SMAC conciliation hearing, analyse the strength of each party's position in advance, prepare the negotiation strategy and, if no agreement is reached, leave the position procedurally prepared for litigation before the Social Court (Juzgado de lo Social).
The SMAC conciliation (conciliación ante el Servicio de Mediación, Arbitraje y Conciliación) is the mandatory pre-litigation step required by Article 63 of Spain's Social Court Procedure Act (LRJS — Ley Reguladora de la Jurisdicción Social) before most individual employment claims can be filed. Without the conciliation papeleta (filing document) and the subsequent conciliation hearing, the Social Court cannot admit the claim. The SMAC hearing is not merely a procedural formality: agreements reached there have the force of res judicata and cannot be reopened without demonstrating fraud, coercion or fundamental error. For both workers and companies, the quality of legal representation and the preparation of the negotiation position at this stage can determine whether a dispute is resolved cost-effectively or escalates to costly litigation.
Why the SMAC hearing matters more than most parties realise
The SMAC conciliation is not a box-ticking exercise before the real fight in court. In practice, approximately 30% of individual employment disputes are resolved at this stage. Agreements reached can be on significantly different terms from what a court would order — both for better and worse. For workers, an inadequately represented conciliation may result in accepting a settlement far below what their claim would be worth at trial. For companies, it is an opportunity to close a dispute with certainty and at controlled cost, avoiding the expense and uncertainty of court proceedings.
Res judicata effect of SMAC agreements
The key legal feature of a SMAC conciliation agreement is its res judicata effect under Art. 68 LRJS. Once signed, the agreement is binding and practically unreviewable. This makes the review of the agreement text before signature, and the thorough understanding of what is being waived, essential. We review all agreement drafts before our clients sign, checking for implicit waivers of rights not explicitly agreed to.
This service is part of our employment law advisory practice.
Concrete deliverables
Prior employment file analysis
Review of dismissal or dispute documentation: dismissal letter, contract, payslips, applicable collective agreement and calculation of the compensation that would apply in the event of a successful claim.
Representation at the SMAC conciliation hearing
Active presence and representation at the conciliation hearing, with a pre-defined negotiation strategy and knowledge of the optimal settlement parameters for our client.
Conciliation agreement drafting and review
Review and drafting of the agreement text before signature, verifying that it covers all agreed points, contains no unintended implicit waivers and that the drafting protects our client's interests.
Court proceedings if no settlement is reached
Filing of the employment claim before the Social Court or continuation of the defence in judicial proceedings, with full case preparation carried over from the preliminary phase.
Results that speak for themselves
Commercial debt portfolio recovery
92% portfolio recovery in 4 months, with out-of-court settlements in 78% of cases.
Multinational Employment Spain: Legal Defence Case | BMC
100% favorable outcomes: 5 advantageous conciliation agreements and 3 fully upheld court rulings.
GDPR Healthcare Spain: Compliance Case Study | BMC
AEPD investigation closed with no sanction. Full GDPR compliance achieved across all group centres within 6 months.
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Frequently asked questions
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SMAC Labour Conciliation
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Our team of specialists, with deep knowledge of the Spanish and European market, will guide you from day one.
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