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What should I do if the other party does not sign the judicial mediation letter?

Legal analysis: 1. If one party refuses to sign the mediation letter, the mediation letter will not be legally effective, and the people's court must promptly notify the other party. Therefore, when the other party refuses to sign the mediation letter, the mediation agreement originally reached by the two parties has no legal effect, and the court should make a judgment in accordance with the law based on the facts proven in court. 2. This case should be decided based on the agreement reached by both parties during the mediation. The reason is: Civil cases are mainly the people's courts using the law to adjust the property relations and personal relations between equal subjects, and the agreement reached by the parties through mediation in the court is a kind of disposition of the substantive rights they enjoy. According to the theory of private rights autonomy, the agreement reached by the parties in court-sponsored mediation is equivalent to a "contract" to resolve their civil disputes. If the parties refuse to sign the mediation letter, the people's court shall make a judgment in accordance with the agreement reached by both parties. 3. The parties agree that the mediation agreement will take effect after being signed and sealed. After review and confirmation by the People’s Court, it should be recorded in the transcript or attached to the file, and it will be legally effective after it is signed or sealed by the parties, the judge, and the clerk. . If a party requests the preparation of a mediation document, the people's court shall prepare a mediation document and send it to the parties. If the parties refuse to accept the mediation letter, the validity of the mediation agreement will not be affected. If one party fails to perform the mediation agreement, the other party may apply to the People's Court for enforcement with the mediation letter. According to the above provisions, defendant Huang's refusal to sign the mediation letter does not affect the validity of the mediation agreement. The court can prepare a mediation letter based on the contents of the mediation agreement and serve it to both parties.

Legal basis: "People's Mediation Law of the People's Republic of China"

Article 28 If a mediation agreement is reached through mediation by the People's Mediation Committee, a mediation agreement may be made. If the parties believe that there is no need to prepare a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the content of the agreement.

Article 29 The mediation agreement may specify the following matters:

(1) Basic information of the parties;

(2) Main facts of the dispute , disputed matters and the responsibilities of all parties;

Related cartoons - Settlement

Related cartoons - Settlement

(3) Contents of the mediation agreement reached by the parties , the method and period of performance.

The mediation agreement shall take effect from the date when all parties sign, seal or fingerprint it, and the people's mediator signs and affixes the seal of the People's Mediation Committee. Each party shall keep one copy of the mediation agreement, and the People's Mediation Committee shall retain one copy.