What if the other party fails to perform the civil mediation?
1. What if the other party fails to perform after mediation by the court? The court mediation book will take effect after being signed by both parties, and it has the same binding force as the judgment. If the contents of the conciliation statement are not fulfilled, the other party to the conciliation statement with payment contents may apply to the court for compulsory execution. A mediation agreement signed voluntarily and legally shall not be prosecuted or appealed after it takes effect. Second, whether the court mediation agreement can be repented after signing, the parties should take mediation seriously and carefully handle their legitimate rights and interests in court mediation. The mediation agreement will take effect as soon as it is signed. Whether we can go back on our word is controversial in practice. The first opinion is that the plaintiff can go back on his word, and the court can organize mediation again to solicit the opinions of the defendant. If mediation fails, a judgment will be made in time. According to the provisions of Articles 97 and 99 of the Civil Procedure Law, if an agreement is reached through mediation, the people's court shall make a conciliation statement, which shall become legally effective after both parties sign it. If the mediation fails to reach an agreement or one party reneges before the mediation is served, the people's court shall make a timely judgment. In other words, before the two sides sign the mediation, either party can go back on its word. In this case, for the plaintiff's claim to change the mediation agreement, the court should change the content of the mediation agreement with the consent of the defendant, and make a judgment in time if the defendant disagrees. The second view is that the plaintiff can't go back on his word, and the court should serve the conciliation statement to both parties in time. According to article 13 of "Provisions of the Supreme People's Court on Several Issues Concerning Civil Mediation by People's Courts", the conciliation statement shall come into effect after being signed or sealed by both parties. If the parties refuse to accept the mediation agreement, the validity of the mediation agreement will not be affected. Therefore, the mediation agreement is legally binding and both parties should earnestly implement it. According to the relevant laws and regulations, the civil mediation made by the court is actually legally enforceable, so if the other party fails to perform its obligations after mediation by the court, it can apply to the court for enforcement at this time. However, all parties concerned have signed the conciliation statement, and once the conciliation statement takes effect, prosecution or appeal is not allowed.