When you receive the civil mediation of divorce, you are divorced. The court's conciliation statement is a valid divorce certificate. In trying civil cases, the people's court uses mediation to urge the parties to understand each other and reach an agreement on the basis of voluntariness and legality, which is called the people's court civil mediation. Civil mediation is one of the important judicial practice texts commonly used by people's courts and has legal effect. It is not only a record of the negotiation results of the parties, but also a certificate recognized by the people's court and the basis for the parties to abide by. Therefore, a good conciliation statement is of great significance for solving contradictions among the people in time, promoting stability and unity, publicizing the socialist legal system, and preventing and reducing disputes.

Legal objectivity:

What are the provisions on the effective time of civil mediation? For a long time, the civil conciliation statement has been signed into effect. However, with the implementation of "Provisions of the Supreme People's Court on the Application of Summary Procedure in the Trial of Civil Cases" and "Provisions on Several Issues Concerning Civil Mediation Work of People's Courts" (regardless of whether the above provisions have broken through the boundaries of the Civil Procedure Law), the effective mode of civil mediation has changed from a single sign-in to a double-effect system of sign-in and signature-in. The so-called signing effect means that the mediation agreement and the mediation book have legal effect only after the parties sign the mediation book; The so-called signature comes into effect, which means that the two parties agree that the conciliation statement will come into effect after being signed or sealed by both parties, and the conciliation statement and conciliation statement will become legally effective from the date of signing or sealing by both parties. Due to the different understanding of judicial interpretation, there are different and arbitrary phenomena that the civil conciliation statement of the same type and procedure takes effect in different ways between different courts, even between different courts in the same court. It has affected the unity, standardization and authority of legal documents. It is necessary to clarify. In judicial practice, some cases do not distinguish between ordinary procedures and summary procedures, and all conciliation statements are signed by both parties, which means that both parties agree that this conciliation statement has legal effect after being signed or sealed by both parties. It is based on the provisions of Article 13 of the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation by People's Courts, and is actually the arbitrary expansion and application of judicial interpretation. Although the signature is obviously superior to the receipt, there is no legal basis for the expanded application of the signature before the legislature has amended Article 89 of the Civil Procedure Law. On the contrary, in some summary procedures, whether the parties agree to sign or not, the mediation document still takes effect by signing, which means that the mediation document has legal effect after being signed by both parties. This is a retrogression in judicial practice. Because there is often a time lag in signing, if the signing application takes effect, the parties can go back on their word before signing, which not only violates the principle of good faith, wastes trial resources, but also easily hurts the interests of the signed party, thus intensifying contradictions and affecting judicial justice and efficiency. If the signature is valid, the parties can't go back on their word. Even if the parties go back on their word, it will not affect the validity of the conciliation statement, and even if the parties who go back on their word do not receive the conciliation statement, it will not affect the execution of the case. The civil conciliation statement under the mode of signature taking effect can even be served by lien, because the conciliation statement at this time is an effective conciliation statement, and receipt is not the effective requirement. Article 15 of the Supreme People's Court's Provisions on the Trial of Civil Cases by Summary Procedure stipulates that if an agreement is reached through mediation and reviewed by the judges, the parties agree that the mediation agreement will take effect, and the mediation agreement will take effect from the date when both parties sign or seal it. Although this article provides an effective way for the parties to have the right to negotiate the signature of the mediation document, the premise of the effective way must be in the summary procedure and agreed by both parties. Article 13 of the Supreme People's Court's Provisions on Several Issues Concerning Civil Mediation by People's Courts stipulates that according to Item (4) of Paragraph 1 of Article 90 of the Civil Procedure Law, the conciliation statement shall come into effect after being signed and sealed by the parties, and shall be recorded in the record or attached volume after being examined and confirmed by the people's court, and shall come into force after being signed or sealed by the parties, judges and clerks. If the parties request to make a conciliation statement, the people's court shall make a conciliation statement and send it to the parties. If the parties refuse to accept the mediation agreement, 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 document.