1. The conciliation statement will not take effect until it is served on both parties, and it needs the signatures of both parties.
According to Article 97 of the Civil Procedure Law: "The conciliation statement shall become legally effective after it is signed by both parties."
2. To reach an agreement through mediation, both parties must be voluntary and not forced. The contents of the mediation agreement shall not violate the law.
3. If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation.
The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.
In a case tried by the court through summary procedure, if both parties reach a mediation agreement and sign or seal it, the mediation agreement will take legal effect from the date of signing or sealing, and the effectiveness of the mediation agreement will no longer be based on whether the mediation book is signed or not. The conciliation statement made by the court shall take effect after being signed by both parties.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 93 If the person to be served is put in prison, he shall be transferred through the prison where he belongs.
If the addressee is subjected to compulsory education measures, it shall be transferred through the compulsory education institution to which it belongs.
Article 94 After receiving the litigation documents, the organs and units that transmit them on their behalf must immediately give them to the addressee for signing, and the date of signing on the receipt shall be the date of delivery.
Article 97 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.
When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way.
Article 98 The people's court may invite relevant units and individuals to assist in mediation. The invited units and individuals shall assist the people's court in mediation.
Article 201 Where a mediation agreement is reached through mediation by a mediation organization established according to law and an application for judicial confirmation is made, both parties shall submit it to the following people's courts within 30 days from the effective date of the mediation agreement:
(1) If the people's court invites a mediation organization to conduct mediation in advance, it shall submit it to the people's court that issued the invitation;
(2) If a mediation organization conducts mediation, it shall bring a lawsuit to the basic people's court where the parties have their domicile, where the subject matter is located and where the mediation organization is located; If the dispute involved in the mediation agreement should be under the jurisdiction of the intermediate people's court, it shall be submitted to the corresponding intermediate people's court.