The mediation letter from the police station has legal effect. As long as the two parties to the mediation voluntarily and truly sign the mediation letter, it will have legal effect on the two parties. The mediation letter has the nature of a contract, and both parties must perform their obligations according to the content of the mediation. , take responsibility. Unless there is obvious unfairness or major misunderstanding, the parties may apply to rescind the agreement on the grounds of serious misunderstanding, fairness, etc., and then formally sue the other party, or file a complaint with the Public Security Bureau to demand that the other party be held accountable.
1. Production
Under the auspices of the judges, both parties negotiated on an equal footing and voluntarily reached a mediation agreement, and the mediation process came to an end. If an agreement is reached through mediation, the People's Court shall prepare a mediation letter. A court mediation letter refers to a legal document produced by the people's court that records the content of the agreement between the parties. It is not only a record of the results of mutual consultation between the parties, but also an important symbol of the People's Court's exercise of judicial power.
2. Contents
The content of the court mediation letter includes the following three items:
The first is the litigation request. That is, the plaintiff’s substantive claim to the defendant. If the defendant files a counterclaim against the plaintiff, this should also be stated in the mediation letter. If a third party participates in the lawsuit, the third party's claims and reasons should also be stated.
The second is the facts of the case. That is, the entire process of the occurrence and development of disputes about civil rights and obligations between the parties and the issues disputed by both parties.
The third is the mediation result. That is, the content of the mediation agreement reached by the parties under the auspices of the judges, including the burden of litigation costs.
3. Legal
After the mediation letter and the mediation agreement recorded only in the transcript take effect, the following legal consequences can arise:
First, End proceedings. Court mediation is one of the ways for the People's Court to conclude cases. The mediation agreement comes into effect, indicating that the People's Court has finally resolved the dispute between the two parties, and the civil litigation procedures have therefore come to an end. The People's Court is not allowed to continue hearing the case.
Second, confirm the rights and obligations between the parties. After the mediation agreement comes into effect, the rights and obligations between the parties are confirmed in the mediation agreement, the civil dispute has been resolved, and the parties are not allowed to have any further disputes about the legal relationship.
Third, the same lawsuit subject matter, the same facts and reasons shall not be sued again. After the mediation agreement takes effect and the civil dispute has been resolved in accordance with the law, the parties shall not file another civil lawsuit in the People's Court based on the same subject matter, the same facts and reasons. However, for divorce cases that have been reconciled through mediation or cases in which adoption relationships have been maintained through mediation, if the plaintiff has new circumstances or new reasons, he can file a second lawsuit after the expiration of 6 months and request the court to resolve the matter.
Fourth, no appeal may be made against the mediation agreement. The mediation agreement is reached voluntarily by both parties. Once the parties accept the mediation agreement, it means giving up the right to appeal. Therefore, any mediation agreement reached in the first instance, second instance or retrial proceedings cannot be appealed.
Fifth, a mediation agreement with payment content is enforceable. A mediation agreement is voluntarily reached by both parties under the auspices of the People's Court. Under normal circumstances, the parties can voluntarily perform it. If a mediation agreement with payment content comes into effect and the obligated party fails to perform its obligations, the other party may apply to the People's Court for compulsory execution.
Legal basis
"People's Republic of China and Civil Code"
Article 465 A contract established in accordance with the law shall be protected by law.
A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by law.