The writing format of the settlement agreement: First, the names, genders, ID numbers, addresses and other personal information of the parties to the settlement should be stated. Secondly, write down the details of the matter that needs to be reconciled. Then reconcile the content of the agreement reached by the parties. Finally, after all parties to the settlement sign and fingerprint, and witnesses sign and fingerprint, a settlement is reached, and the settlement agreement takes effect immediately. Each party will hold one copy of the settlement agreement, and the People's Mediation Committee will keep one copy.
“The settlement letter should contain the following contents: 1. The names, genders, dates of birth and ID numbers, occupations, registered residence, addresses, and contact information of the parties to the settlement; 2. Details of the matters requiring settlement Process; 3. The mediation conditions reached by both parties; 4. The parties to the settlement sign and fingerprint, and the witnesses sign and fingerprint. ”
The legal effect of the settlement agreement
The settlement agreement. It has its own unique legal effect in various fields. In the civil field, a settlement agreement signed by both parties only has contractual effect. If it is not confirmed by the people's court and a mediation letter is prepared in accordance with the law, the settlement agreement will not be enforceable. In the criminal field, criminal settlement agreements can enable the court to impose lenient penalties on criminals, and the public security organs may not file a case if the circumstances are obviously minor.
The meaning of the settlement letter
The settlement letter refers to an activity in which the parties negotiate on their own to reach an agreement on the disposition of substantive rights, thereby resolving disputes. It can only rely on the conscious performance of both parties, and it has no legal enforceability. This cannot be used to apply for compulsory execution by the People's Court. Even if you resolutely file a lawsuit for compulsory execution, the court will clearly state the legal provisions to you, advise you to withdraw the lawsuit for compulsory execution, and inform you to file a separate civil lawsuit.
Mediation document refers to the legal document produced by the people's court that confirms the content of the agreement between the two parties. Once delivered, it will become legally effective after both parties sign for it; the disputed matters confirmed in the mediation letter rely on the conscious performance of the other party, and it is also enforceable. If the person refuses to implement the mediation letter after signing for it, For the relevant matters confirmed, the parties may apply for enforcement according to the provisions of Article 239 of the Civil Procedure Law: the period for applying for execution is two years. When applying for the suspension or interruption of the statute of limitations, the provisions of the law on the suspension or interruption of the statute of limitations shall apply. The period specified in the preceding paragraph shall be calculated from the last day of the performance period stipulated in the legal document; if the legal document stipulates performance in installments, it shall be calculated from the last day of each performance period specified in the legal document; if the legal document does not stipulate a performance period, the period shall be calculated from the last day of the performance period specified in the legal document. calculated from the effective date of the document. "The civil mediation letter issued by the People's Court has the same legal effect as the judgment after it takes effect, and you can apply to the People's Court for execution within the statutory application period.
We know about the "Settlement Letter" (extra-litigation settlement) Both parties voluntarily reach a settlement agreement and rely on the other party to perform it voluntarily. It has no enforceability, is convenient and fast, and has almost no cost. The "mediation letter" issued by the court (during litigation) is enforceable and has the same effect as a judgment, and requires some time. The economic cost is average. The mediation letter issued by the People's Mediation Committee has no enforceability and relies on the other party's voluntary performance. It can be insured and judicially confirmed. It is convenient and fast, with low economic cost and requires a little time.
Legal basis:
Article 29 of the "People's Mediation Law of the People's Republic of China" The mediation agreement may specify the following matters:
1. The parties The basic situation of the dispute;
2. The main facts of the dispute, the disputed matters and the responsibilities of the parties;
3. The content of the mediation agreement reached by the parties, the method of performance, and the time limit. < /p>
The mediation agreement shall take effect from the date when all parties sign, seal or fingerprint it, and the people's mediator signs and affixes the seal of the People's Mediation Committee. Each party shall hold one copy of the mediation agreement, and the People's Mediation Committee shall hold one copy. Keep a copy.