MEXICO: An Introduction to Dispute Resolution: Civil & Commercial Litigation

The Evolving Landscape of Mexican Litigation: Critical Challenges

Introduction

Litigation in Mexico is undergoing a profound transformation, driven by challenging economic conditions, controversial legislative reforms, and an unprecedented judicial landscape. This combination has created a complex environment that affects almost every aspect of litigation and dispute resolution. First, from the client’s perspective, there is a need to understand the new dynamics emerging from this judicial paradigm shift. Clients must assess whether these courts, whose members will now be elected by popular vote, will be competent and efficient in resolving disputes brought before them. On the other hand, litigators must adapt to a highly scrutinised judicial system that will not only test their professional skills but also serve as a real-world benchmark to determine whether this change was truly justified. In other words, it remains to be seen whether the popular election of judges will improve justice administration. This article examines the current state of litigation practice, key trends, and the challenges facing stakeholders in this evolving landscape.

Current economic conditions and their impact on the justice system

One of the most significant factors affecting the administration of justice is undoubtedly the country’s economic situation. Typically, stronger economies allocate greater resources to their judicial systems. This investment translates into improved access to justice, primarily through optimised resources and the digitisation of processes. The Mexican economy is experiencing moderate growth, with controlled inflationary pressures. For instance, GDP grew by just 1.2% in 2024, while annual inflation stood at 4.2% in December of the same year. These variables are further compounded by exchange-rate volatility, trade tensions with the US, and the heightened uncertainty stemming from the judicial reform. This environment is likely to fuel disputes of all kinds, with the added complication that – unlike in any other historical period – the efficiency of the judicial system now constitutes an unpredictable economic variable. Moreover, the inherent tension of an election cycle and political campaigning is unprecedented for the judiciary at all levels. Never before have members of the judiciary been subject to public scrutiny or popularity contests. This shift has not gone unnoticed by domestic and international analysts and rating agencies, most of whom remain cautious in their outlook. Litigation firms will not be immune to this uncertainty. Naturally, all stakeholders will face a steep learning curve as they adapt.

Challenges for Mexico’s litigation market

On 1 June 2025, Mexico will hold elections for various positions within the Federal Judiciary. In total, 881 judicial positions will be filled: 

• nine Justices of the Supreme Court of Justice (SCJN);
• two Magistrates of the Superior Chamber of the Federal Electoral Court (TEPJF);
• 15 Magistrates of the TEPJF’s Regional Chambers;
• five Magistrates of the Judicial Discipline Tribunal;
• 464 Circuit Court Magistrates; and
•  386 District Judges.

As part of the alignment between electoral reform and state laws, local judicial elections will take place in 2025 across multiple states: Aguascalientes, Baja California, Chihuahua, Mexico City, Coahuila, Colima, Durango, State of Mexico, Michoacán, Nayarit, Quintana Roo, San Luis Potosí, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán, and Zacatecas.

These elections have already created ripple effects across multiple sectors, and litigation firms are no exception. They now face several critical challenges:

• a case backlog in the justice system – the electoral process has created significant uncertainty and distractions within the judiciary, exacerbated by numerous resignations, reassignments, and administrative changes. These disruptions have notably contributed to delays in case processing and dispute resolution. Those elected will face the considerable challenge of reversing this slowdown, which has intensified markedly in recent months.
• investment and resource optimisation – one of the most contentious aspects of the judicial reform has been budget allocation. The justice system requires adequate funding to function effectively, yet current resources – even at the federal level – fall short of meeting litigants’ needs. Process automation and technological integration have become indispensable to bridge this gap.
• training and specialisation of legal professionals – the most critical challenge lies in whether newly elected justices, magistrates and judges will possess the technical competence and experience required for their roles. Only time will provide clarity on this issue. However, the need for rigorous specialisation and training extends to practicing attorneys as well. Contested proceedings become far more efficient when legal arguments are presented with clarity and technical precision, easing adjudicators’ workloads. This represents an undeniable area for improvement – one litigator must address with unwavering commitment.

Conclusions

In a legal environment characterised by profound transformations and unprecedented challenges, law firms specialising in high-complexity litigation stand as an indispensable pillar for ensuring client trust and the effectiveness of the judicial system. Only a highly specialised professional, combining technical mastery of oral procedures, proficiency in judicial technologies, and constant updating, is equipped to translate regulatory complexity into clear and effective strategies. Likewise, loyalty to the client must be the cornerstone of their practice: transparently communicating risks and alternatives, vigorously defending entrusted interests, and maintaining fluid communication to restore certainty in a process marked by electoral and budgetary uncertainty. Lastly, ethical practice reinforces the legitimacy of litigation. Acting with intellectual honesty and respect for the rules, promoting alternative solutions when appropriate, and safeguarding the client’s integrity not only strengthens the lawyer’s reputation but also the public perception of justice itself. In sum, specialisation, loyalty, and ethics form the guiding principles for the proper resolution of conflicts in the new era of Mexican litigation.