Does a mediation agreement signed by only one party have legal effect?
A conciliation statement signed by only one party has no legal effect. Mediation must be signed by both parties to have legal effect.
What is the format of the compensation agreement?
1. State the basic identity information of both parties.
2. Indicate the agreed compensation amount and payment term.
3. Clearly stipulate the liability and consequences for breach of contract.
You can't go back on your word after signing a mediation agreement. When conducting mediation, the people's court shall respect the true intention of both parties and shall not force both parties to reach a mediation agreement. If the court makes a mediation agreement, the mediation agreement has legal effect and is irrevocable after it is signed by both parties.
According to Article 97 of the Civil Procedure Law, 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. The conciliation statement has legal effect after being signed by both parties.
When mediating in court, the parties concerned should take mediation seriously and handle their legitimate rights and interests carefully, and the mediation agreement will take effect once it is signed. Whether we can go back on our word is controversial in practice:
The first view 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, make a timely judgment. 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.
Reasons for going back on our word
Article 99 of the Civil Procedure Law stipulates two situations in which the people's court should make a timely judgment if the mediation fails. One is that the mediation fails to reach an agreement, and the other is that the party repents before the mediation is served. These two situations correspond to two types of cases respectively. One is divorce cases reconciled through mediation, cases that maintain adoption through mediation, cases that can be performed immediately, and so on. After the parties reach an agreement through mediation, they may not make a conciliation statement, and the clerk of the people's court will record the contents of the agreement. The conciliation statement is legally binding on both parties and the parties must abide by it. The other is a general case in which a mediation agreement should be made. In this case, after an agreement is reached through mediation under the auspices of the people's court, the people's court shall prepare a conciliation statement and serve it on both parties, and the conciliation statement shall become legally effective. On the other hand, before the mediation agreement is served on both parties, the mediation agreement has no legal effect and the parties can go back on their word.
However, Article 15 of the Supreme People's Court's Provisions on the Application of Summary Procedure to the Trial of Civil Cases strictly restricts the parties' repentance of the mediation agreement. This article stipulates that after a mediation agreement is reached and reviewed by the judges, if the parties agree that the mediation agreement will take effect, the mediation agreement will take effect from the date when both parties sign or seal it. In fact, the mediation agreement stipulated in this article does not conflict with the provision in Article 99 of the Civil Procedure Law that the parties can go back on their word before signing the mediation book, because the Civil Procedure Law does not deny the legal effect of the mediation agreement before signing the mediation book.
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 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.
Legal basis:
Article 46 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC) shall specify the arbitration request, the disputed facts, the reasons for the award, the award result and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Commission. The arbitrator who disagrees with the award may or may not sign.