Legal analysis

In a case tried by the court through summary procedure, if both parties reach a mediation agreement and sign or seal it, the mediation agreement will take legal effect from the date of signing or sealing, and the effectiveness of the mediation agreement will no longer be based on whether the mediation book is signed or not. The conciliation statement made by the court shall take effect after being signed by both parties. Both parties have signed their names to confirm that the delivery is only a follow-up procedure, and both parties can take it away in court if they want. The record of the mediation agreement belongs to the record document. The two parties signed to confirm the mediation between the two parties and the court during the mediation process. They need to sign to confirm the authenticity of the record, and they don't need to personally serve it to both parties. If a court mediation agreement is reached through mediation under the auspices of the court, a court mediation statement shall be made to close the case. In civil litigation cases tried in accordance with ordinary procedures, the court's conciliation statement takes effect, and before the court serves the conciliation statement, the parties may go back on their word. Because according to the regulations, the mediation document has legal effect after being signed by both parties. The conciliation statement has legal effect only after it is signed. If one or both parties refuse to accept the mediation, that is, they go back on their word before the mediation is served, the mediation has no legal effect. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 97 If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties.

Article 98 If an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement: (1) a divorce case settled through mediation; (2) Mediation and maintenance of adoption cases; (3) Cases that can be executed immediately; (four) other cases that do not need to make a conciliation statement. An agreement that does not require the preparation of a conciliation statement shall be recorded in a written record, which shall have legal effect after being signed or sealed by both parties, judges and court clerks.