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What is a conciliation statement?

Legal analysis: A conciliation statement refers to a conciliation document made by the court according to the agreement reached by the parties, which is legally binding on the parties.

Legal basis: Article 142 of the Law of the People's Republic of China

After accepting a case, the people's court, after examination, considers that the legal relationship is clear and the facts are clear, and after obtaining the consent of both parties, it can conduct mediation.

article 143 no mediation shall be conducted in cases where special procedures, supervision procedures and public summons procedures are applicable, cases of marriage and other cases of identity relationship confirmation, and other cases that cannot be mediated according to the nature of the cases.

article 144 if the people's court finds malicious collusion between the parties in trying to infringe upon the legitimate rights and interests of others through conciliation or mediation, it shall handle it in accordance with the provisions of article 112 of the civil procedure law.

article 145 when trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If one or both parties insist that they are unwilling to mediate, they shall make a timely judgment. When trying divorce cases, the people's court should mediate, but it should not be indecisive for a long time.

article 146 when a people's court hears a civil case, the mediation process is not public, unless the parties agree to make it public. The contents of the mediation agreement shall not be made public, unless the people's court deems it necessary to make it public in order to protect the interests of the state, society and others' legitimate rights and interests. The person who presides over mediation and participates in mediation shall keep confidential the state secrets, business secrets, personal privacy and other information that is not suitable for disclosure during the mediation process, except for the protection of national interests, social interests and the legitimate rights and interests of others.

article 147 when a people's court mediates a case, if the parties are unable to appear in court, they may entrust their agents to participate in mediation with their special authorization, and the mediation agreement reached may be signed by the entrusted agents.

if the parties to a divorce case are really unable to appear in court for mediation due to special circumstances, they shall issue written opinions unless they are unable to express their will.

article 148 if the parties reach an agreement through conciliation or mediation by themselves and request the people's court to make a judgment according to the contents of the conciliation agreement or mediation agreement, the people's court shall not grant it. A divorce case of a person without civil capacity shall be litigated by his legal representative. If the legal representative and the other party reach an agreement to issue a judgment, they may make a judgment according to the contents of the agreement.

article 149 if a conciliation statement becomes legally effective only after being signed by the parties concerned, the effective date of the conciliation statement shall be the date when the party who finally received the conciliation statement signed for it.

article 15 when a people's court mediates a civil case, it shall obtain the consent of a third party who has no independent claim. If the third party repents before the conciliation statement is served, the people's court shall make a judgment in time.

article 151 according to item 4, paragraph 1, article 98 of the civil procedure law, if the parties agree to sign or seal the mediation agreement, it will become legally effective. after being examined and confirmed by the people's court, it shall be recorded in the record or attached to the mediation agreement, and it will become legally effective after being signed or sealed by the parties, judges and clerks.