The mediation agreement is a document issued by the people's court to the parties after mediation. It is legally effective as long as it meets the following points: First, the content of the agreement must comply with our country's laws and regulations and does not violate Public order and good customs. The second mediation process is completed voluntarily by both parties. Third, after mediation, the mediation agreement can be signed and sealed with the consent of the parties to make it effective.
The effectiveness of a court mediation agreement refers to the legal consequences of a mediation agreement reached through equal negotiation between the two parties under the auspices of the judges and approved by the people's court in accordance with legal procedures. At the same time, it also involves the time when the mediation agreement takes effect.
2. Effective time
The effective time of the mediation agreement varies depending on whether the court produces a mediation letter.
1. Regarding the effective time of the mediation letter. Paragraph 3 of Article 89 of the Civil Procedure Law stipulates: “The mediation document shall be legally binding upon receipt by both parties.” This provision includes two requirements: First, the mediation document must be delivered to both parties and signed for receipt. Accordingly, the mediation letter should be delivered directly to the parties themselves, and the methods of lien service and announcement service are not applicable. Second, the mediation document 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 has not been established and the mediation letter shall have no legal effect. In a case in which a third party without an independent right of claim participates in the litigation, if the People's Court needs to confirm the obligations of the third party without an independent right of claim during mediation, its consent shall be obtained, and the mediation letter shall also be delivered to the third party for signature at the same time. If a third party without independent claim rights regrets before signing the mediation letter, the People's Court shall make a timely ruling.
2. It is the effective time of the mediation agreement recorded in the transcript. According to Paragraph 2 of Article 90 of the Civil Procedure Law, a mediation agreement that does not require the preparation of a mediation document and is only recorded in the transcript shall become legally effective after it is signed or sealed by both parties, the adjudicator, and the clerk.