The court’s mediation transcripts have legal effect.
It is used to prove the mediation process and the claims of both parties.
If the two parties reach an agreement on relevant civil matters, the court can prepare a mediation letter, which will be signed by both parties and the judge and stamped with the seal of the court, and the mediation letter will become legally effective.
Article 97 of the "Civil Procedure Law" When an agreement is reached through mediation, the People's Court shall prepare a mediation letter. The mediation letter shall state the litigation claims, the facts of the case and the mediation results.
The mediation document shall be signed by the judge and the clerk, stamped with the seal of the People's Court, and served to both parties.
The mediation document will become legally binding after it is signed by both parties.
Extended information:
Can I regret signing a mediation agreement?
Before the mediation letter is served to both parties, the mediation letter has no legal effect. It’s okay to go back on your word.
Because the mediation document, as a legal document produced by the people's court in accordance with the law, is a confirmation of the mediation agreement and a legal procedure for the conclusion of the mediation case. It has the same res judicata, formation or execution power as the court judgment.
Unless the parties provide evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement violates the law, they can apply for retrial by the People's Court in accordance with the provisions of Article 201 of the Civil Procedure Law. Otherwise, they must perform Obligations set out in the mediation agreement.
According to the provisions of Articles 97 and 99 of the "Civil Procedure Law", when an agreement is reached through mediation, the People's Court shall prepare a mediation letter, which shall be legally binding upon receipt by both parties. , if no agreement is reached during mediation or one party reneges before the mediation letter is served, the People's Court shall make a timely ruling.
That is to say, before both parties sign the mediation letter, either party can make a regret. If the plaintiff requests to change the mediation agreement, the court shall change the content of the mediation agreement with the consent of the defendant. If the defendant does not agree, the court shall make a timely ruling.
Reference material: Baidu Encyclopedia - Mediation Transcript