1. What is the current legal landscape for Litigation in your jurisdiction?

Mexico’s litigation landscape is undergoing a significant institutional, procedural and technological transition. High-value disputes commonly involve civil, commercial, constitutional and administrative proceedings, sometimes before different federal and state courts.

Arbitration, mediation and direct negotiation also remain important components of an effective dispute resolution strategy. Their relevance has increased against the backdrop of the constitutional judicial reform enacted in 2024, which introduced the popular election of Supreme Court justices, federal circuit magistrates and district judges, together with corresponding changes to local judiciaries.

The first extraordinary federal judicial election took place in June 2025 and resulted in the replacement of all Supreme Court justices, as well as hundreds of federal judges and circuit magistrates. The qualifications and previous judicial experience of the incoming officeholders vary considerably. This extensive turnover has generated concerns among businesses, legal practitioners and international observers regarding judicial experience, independence and consistency in decision-making.

Until the newly constituted courts and their criteria become more firmly established, parties must anticipate potential differences in case management, procedural practice and judicial interpretation. Effective dispute resolution therefore requires close monitoring of both the applicable legal framework and the practical operation of the relevant court.

Procedural harmonisation is another significant development. The National Code of Civil and Family Procedures is being implemented gradually and must become fully operational nationwide by April 1, 2027. Recent amendments to the Commerce Code also connect commercial proceedings more closely with the National Code and expressly recognise information generated or communicated through digital, optical or other technological means as admissible evidence.

Digitalisation provides an important counterbalance. Across federal and state jurisdictions, electronic filing, online access to court records, remote hearings and electronic notifications are becoming increasingly common, although their scope and implementation vary among courts. This sustained expansion is changing how cases are prepared and allowing counsel to coordinate complex proceedings throughout the country more efficiently.

Overall, litigation in Mexico is becoming more technologically sophisticated, but also more demanding and, during the institutional transition, potentially less predictable. Successful representation increasingly depends on early planning, disciplined evidence management and the ability to coordinate litigation with constitutional proceedings, enforcement measures and alternative dispute resolution mechanisms.

2. What three essential pieces of advice would you give to clients involved in Litigation matters?

Conduct periodic dispute-risk audits

Clients should involve disputes counsel before a conflict arises through periodic legal risk audits and litigation-readiness reviews. The purpose is not for litigators to replace the corporate or transactional team, or necessarily to assume responsibility for routine legal drafting, but to assess how contracts, operational procedures, record-keeping systems and incident-response protocols would withstand scrutiny if challenged before a court or arbitral tribunal.

Because dispute resolution lawyers routinely analyse failed transactions, contested facts and evidentiary weaknesses, they can identify potential exposure that may not be apparent when documentation is considered solely from a transactional perspective. Their involvement complements the work of corporate counsel by helping ensure that commercial arrangements are not only legally valid and operationally workable, but can also be effectively proved and defended before the courts.

These reviews are particularly valuable for documenting loans and other credit transactions, contractual performance, deliveries, insurance claims, accidents, product incidents, construction projects and regulated operations. They can help businesses establish appropriate reporting and escalation procedures, preserve reliable evidence and address recurring weaknesses before they result in substantial civil liability or make the recovery of a debt unnecessarily difficult.

Define the commercial objective, forum and enforcement strategy

Before commencing proceedings, clients should identify what they actually need to achieve. The objective may be payment, termination of a contractual relationship, preservation of an asset, protection against regulatory action or the creation of leverage for a negotiated solution.

That objective should determine the forum, remedies and procedural strategy. Jurisdiction clauses, arbitration agreements, interim relief and the location and solvency of the counterparty must be assessed before significant resources are committed. A favourable judgment has limited value if it cannot be enforced.

Preserve the evidence and manage the dispute as a business project

Clients should preserve contracts, amendments, invoices, payment records, accounting information, corporate approvals and relevant communications to ensure the best possible position on any litigation.

Digital evidence requires particular attention. Emails, messaging applications, electronic signatures, metadata, access records and transaction logs should be collected in a manner that protects their integrity and authenticity. Waiting until a claim has been filed can result in lost evidence or unnecessary evidentiary disputes.

Litigation strategy should also remain aligned with the client’s broader commercial interests. The client and its lawyers should agree on responsibilities, reporting lines, key decision points, estimated costs and acceptable outcomes. Settlement, mediation and other negotiated solutions should remain under consideration throughout the matter.

3. What are the greatest threats and opportunities in Litigation law in the next 12 months?

From our experience litigating across Mexico, the principal procedural challenge over the next 12 months will be the practical implementation of the National Code of Civil and Family Procedures before its nationwide deadline of April 2027.

The National Code is based on oral proceedings and requires hearings to be electronically recorded, preserved and made available for consultation; it also provides for electronic case files, remote hearings and other digital justice mechanisms. A number of state judiciaries may not yet have sufficiently trained personnel, adequate court-management processes, sufficient budgetary resources or the physical and technological infrastructure necessary to operate the new system effectively.

Although oral commercial proceedings have existed in Mexico for many years, their implementation remains uneven. In some jurisdictions, courts still lack sufficient hearing rooms, recording equipment and reliable systems for storing and accessing audio and video records. The risk is therefore that the National Code may become legally effective before some courts are operationally prepared, potentially resulting in delays, improvised solutions and inconsistent practices among jurisdictions.

The continuing institutional reconfiguration of the judiciary is another relevant factor. The replacement of a significant number of judicial officeholders, together with changes in court administration and working practices, may create additional uncertainty while new criteria and practices become established.

These challenges also create an important opportunity. Implementation of the National Code may encourage investment in judicial infrastructure, specialised training, modern hearing rooms, electronic case-management systems and more consistent procedural practices. Courts that receive adequate resources and whose personnel are properly trained may ultimately provide faster, more accessible and more transparent proceedings.

Technology presents additional opportunities and risks. Electronic evidence and technology-assisted document review can improve case preparation and reduce costs, while digital court systems may facilitate the nationwide coordination of proceedings. Conversely, data loss, cybersecurity incidents, unreliable systems and the careless use of generative artificial intelligence may compromise evidence, confidential information or professional work product.

Uncertainty in judicial proceedings may also encourage greater use of arbitration, mediation and direct negotiation. These mechanisms can provide parties with greater control over procedure, confidentiality and the selection of decision-makers, particularly in sophisticated commercial and cross-border disputes.

Mexico’s position as a major manufacturing and nearshoring destination is likely to generate disputes involving supply chains, infrastructure, financing, insurance, construction and cross-border contracts. Clients that review their dispute resolution clauses, operational risks and evidence-management practices before a conflict arises will be best positioned to manage these challenges.

4. How do you ensure high client satisfaction levels are maintained by your practice?

At De la Garza y Acosta, client satisfaction begins with understanding the business problem behind the legal dispute. At the outset of each matter, we seek to define the client’s objectives, risk tolerance, principal decision points and preferred outcome. Our advice addresses not only the merits of the case, but also timing, cost, enforcement and reputational considerations.

Our matters receive direct partner involvement at the stages where strategic judgment is most important. Because we litigate throughout Mexico, local procedural requirements and court practices are incorporated into a coordinated national strategy.

A dedicated team maintains continuity, organises the factual and evidentiary record and provides regular and sufficiently detailed status reports. These updates identify procedural developments, changes in risk, decisions required from the client and our recommended next steps.

We also believe that transparency is essential. Clients should receive candid advice regarding prospects, costs and procedural uncertainty, including when settlement or another dispute resolution mechanism may produce a better commercial result than continuing to judgment.

Finally, we continually reassess strategy as the matter develops. Litigation rarely follows a completely predictable path, and maintaining client satisfaction requires responsiveness, flexibility and the ability to present practical alternatives when circumstances change.

5. What technological advancements are reshaping Litigation law and how can clients benefit from them?

The most visible development is the expansion of digital court infrastructure. Federal and state courts are progressively incorporating electronic filings, online case records, electronic notifications and remote hearings. Although implementation remains uneven among jurisdictions, these tools are reducing the need for physical appearances, facilitating the nationwide management of cases and improving access to court proceedings.

Technology is also changing the nature of evidence. Commercial disputes increasingly depend on emails, instant messages, digital signatures, metadata, platform records and electronically generated financial information. Clients with strong data-governance and document-retention systems are better placed to prove their claims or defend against allegations.

Artificial intelligence-assisted tools can support document review, chronology preparation, legal research, translation and the analysis of large evidentiary records. When properly supervised, these tools may reduce repetitive work, improve response times and allow lawyers to focus on strategic decisions.

However, efficiency must be balanced against professional responsibility. Artificial intelligence-generated work must be independently verified, and confidential or privileged information should only be processed through systems with appropriate data-protection safeguards. Technology should assist professional judgment, not replace it.

For clients, the principal benefits are faster access to information, more efficient management of document-heavy proceedings and improved cost control. Those benefits are greatest when legal technology is incorporated into a clear litigation strategy rather than treated as an end.

6. Describe a particularly interesting or complex matter you have advised on recently, and explain the challenges involved, your approach, and the outcome achieved for the client.

Subject to the confidentiality applicable to the matter, our firm recently represented a company providing digital freight-forwarding and financial services in litigation concerning the recovery of a debt of approximately US$11.4 million, plus interest and court costs.
The matter combined a substantial financial exposure with an extensive digitally generated transactional records. The principal challenge was to convert a complex commercial history into a clear and persuasive claim while preserving the client’s ability to obtain an effective recovery rather than merely a favourable judgment.

Our approach centred on reconstructing the contractual and payment history, identifying the documents supporting the amount claimed and assessing the available procedural and enforcement options. We combined a firm litigation position with a structured negotiation strategy, regularly evaluating the costs, timing and recovery prospects associated with each available course of action.

The strategy resulted in a significant settlement towards recovery of the outstanding debt. The outcome allowed the client to avoid the additional cost, delay and enforcement risk of continuing the proceedings through a final judgment.

The matter illustrates the importance of treating litigation and settlement as parts of the same strategy. A well-prepared claim creates negotiating leverage, while a commercially focused approach ensures that the legal process remains directed towards a practical and recoverable result.