Court mediation is effective only if it is signed on the record, not on the mediation agreement. According to the relevant laws and regulations, as long as both parties reach an agreement on the contents of the mediation record and sign it, the timely mediation agreement will not be signed, which will not affect the legal effect of the mediation agreement.

Legal analysis

Mediation record is a written record of mediation activities recorded by the clerk when the people's court mediates civil cases according to law. For the process and result of mediation, the judge shall make a mediation record to record it. Mediation record is a powerful evidence to prove the legitimacy of mediation. After the mediation record is completed, it will be submitted to the parties for review. If it is verified to be correct, it shall be signed or sealed by both parties, and then signed by judges and clerks. Failure of one party to sign the mediation record due to negligence does not deny the legitimacy and legality of mediation activities. The signing of the mediation agreement by both parties also proves this point, which fully shows that the mediation agreement is the result of legal mediation activities under the auspices of the judge. The reason for Party B's reneging on its promise is only to put forward new opinions on the time limit for debt performance, which does not involve the legality of mediation procedures and mediation contents. According to the relevant laws and regulations, even if there are procedural defects in the mediation process, it can only be remedied through retrial procedures, and there is no reason to deny the validity of the agreement. Therefore, it is also legally effective to sign only the transcript without signing the mediation agreement.

legal ground

Article 15 of the Provisions of the Supreme People's Court on the Application of Summary Procedure in the Trial of Civil Cases: If an agreement is reached through mediation, and the parties agree that the conciliation statement will take effect after being signed or sealed by both parties, the conciliation statement will take effect from the date of signing or sealing by both parties. If the parties request to extract or copy the conciliation statement, they shall allow it. If the mediation agreement conforms to the provisions of the preceding paragraph, the people's court shall make a civil mediation document separately. After the mediation agreement comes into effect, if one party refuses to perform it, the other party may apply for execution with a civil mediation document.