As a legal document made by the people's court according to law, the conciliation statement is a confirmation of the conciliation agreement and a legal procedure for closing the case through conciliation. It has the same force of res judicata, establishment or execution as a court decision. Unless the parties provide evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply to the people's court for retrial in accordance with the provisions of Article 201 of the Civil Procedure Law, otherwise they must fulfill the obligations specified in the mediation document. However, because the mediation agreement is not a legal document of the people's court, it is an expression of the unanimous will formed by the two parties through equal consultation and balance of interests under the auspices of the court. As mentioned above, except that the mediation agreement that does not need to make a mediation book legally has the same force as the mediation book from the time when both parties sign or seal it, in general, the mediation agreement only has the effect of a civil contract, and its legal effect refers to the legal effect of the contract. Therefore, in this case, the plaintiff Yi Moumou proposed to change the contents of the mediation agreement after the mediation agreement was reached and before the mediation book was signed, and the court should review it according to the relevant provisions of the Civil Code. If the mediation agreement conforms to the provisions of Article 147 of the Civil Code and belongs to a revocable and changeable contract, the court shall change the contents of the agreement with the consent of the defendant; if the defendant does not agree to the change, it shall make a judgment in time. On the other hand, if, after examination, the contract does not conform to the revocable or modifiable contract, the court shall serve the conciliation statement in time. If the parties refuse to accept the conciliation statement, the validity of the conciliation agreement shall not be affected.
legal ground
According to Article 147 of China's Civil Code (202 1. 1 coming into force), "The actor has the right to request the people's court or an arbitration institution to cancel the civil juristic act based on a major misunderstanding.