Article 13 of the Supreme People's Court's Provisions on Several Issues Concerning Civil Mediation in People's Courts stipulates that: According to Item (4) of Paragraph 1 of Article 90 of the Civil Procedure Law, the conciliation statement shall come into effect after being signed or sealed by the parties concerned, and shall be recorded in the record or attached file after being examined and confirmed by the people's court, and shall come into force after being signed or sealed by the parties, judges and clerks. If the parties request to make a conciliation statement, the people's court shall make a conciliation statement and send it to the parties. After the parties refuse to accept the mediation agreement, the validity of the mediation agreement will not be affected. If one party fails to perform the mediation agreement, the other party may apply to the people's court for enforcement with the mediation document. According to the spirit of this judicial interpretation, in the case of summary trial, even if the parties agree to sign the conciliation statement and express remorse, it will not affect the validity of the conciliation statement. If the parties fail to receive the conciliation statement, it will not affect the execution of the case. The civil conciliation statement can be served by mail or by lien, because the conciliation statement will take legal effect from the date of signing.
In judicial practice, a large number of civil cases are often tried by summary procedure, especially those involving personal relations, such as divorce cases. After mediation by the court, the expression of effective mediation methods is different. In some courts, this kind of mediation agreement is agreed by both parties, and it becomes legally effective after both parties sign or seal the mediation agreement. If you go back on your word when the mediation document is delivered, that is, you don't sign the mediation document, the effectiveness of the divorce is pending or uncertain. If one party does not sign the conciliation statement, and the other party thinks that both parties sign or seal the conciliation statement, it shall be regarded as divorce. However, the mediation equivalent to the Divorce Certificate was not signed by the parties, and the divorce status was uncertain. Based on this understanding, some courts have adopted an effective way of "signing" when implementing Article 15 of the Supreme People's Court's Several Provisions on the Application of Summary Procedure in the Trial of Civil Cases, stating that this mediation will become legally effective once signed by both parties, so as to avoid the uncertainty of divorce effectiveness. Practice has proved that this method is more conducive to the conclusion of the case and conforms to the psychological state of the parties when they divorce. Therefore, the Supreme People's Court's judicial interpretation should be improved, that is, when the summary procedure is applied to the trial of civil cases, both parties unanimously agree that this mediation agreement will take effect after it is signed or sealed by both parties, except for cases involving personal nature such as divorce, and it is more conducive to harmonious justice to improve it by "proviso".