In the City of Buenos Aires and in some provinces in Argentina, parties must start a mandatory pre-trial mediation proceeding before bringing a judicial claim. As a first step, the mediator summons the parties to a first hearing in which they present their case.

If the parties reach an agreement, the mediator issues a document that states the terms and conditions of that agreement. If the parties do not reach an agreement, or if any party requires the closure of the mediation at any time, the mediation proceeding is closed. The mediator then issues a document stating that the mediation proceeding is concluded, which must be signed by the parties and the mediator. The claimant can then file a lawsuit before the competent judicial court.

If the claimant does not attempt mandatory pre-trial mediation before starting court proceedings, the court will suspend the judicial proceedings until the claimant proves that it has complied with the obligation to start pre-trial mediation proceedings. The court can impose a penalty equal to 5% of the basic salary of a first instance judge on a party that fails to attempt mediation.
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