After the two parties reach a mediation agreement, if the parties dispute the performance or content of the mediation agreement, one party can not directly apply for enforcement, but may bring a lawsuit to the people's court.
Article 236 of the Civil Procedure Law: The parties must perform legally effective civil judgments and orders. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.
Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Paragraph 1 of Article 89 of the Civil Procedure Law stipulates: "If an agreement is reached through mediation, the people's court shall make a conciliation statement."
Under special circumstances, if the parties reach a mediation agreement, they may not make a mediation agreement. According to the provisions of Article 98 of the Civil Procedure Law, there is no need to make a conciliation statement in the following circumstances:
First, mediation and reconciliation of divorce cases;
Two, mediation to maintain the adoption of cases;
Third, cases that can be executed immediately; Fourth, there are other cases that do not need to make a conciliation statement.
Extended data:
The time when the mediation agreement takes effect varies depending on whether the court makes a mediation document or not.
First, about the effective time of mediation. The third paragraph of Article 89 of the Civil Procedure Law stipulates: "The conciliation statement shall become legally effective after it is signed by both parties." This provision includes two requirements:
First of all, the conciliation statement must be sent to both parties for signature. Accordingly, the conciliation statement should be served directly to the parties themselves, and the methods of lien service and announcement service are not applicable.
Second, the mediation must be signed by both parties before it can take effect. If one or both parties refuse to sign for it, it shall be deemed that the mediation is not established and the mediation document shall not have legal effect.
If a third party without independent claim participates in the litigation, and the people's court needs to confirm that the third party without independent claim assumes obligations during the mediation process, it shall obtain its consent and the mediation document shall be served on it for signature. If the third party without independent claim repents before the signing of the mediation agreement, the people's court shall make a timely judgment.
Secondly, the effective time of the recorded mediation agreement. According to the provisions of the second paragraph of Article 90 of the Civil Procedure Law, it is not necessary to make a conciliation statement, but only the conciliation statement recorded in the transcript will become legally effective after being signed or sealed by both parties, judges and clerks.
Baidu Encyclopedia-Mediation Agreement