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What will happen if the labor arbitration mediation fails?
If the labor arbitrator fails to mediate between the two parties, he will issue an award to both parties.

If both parties refuse to accept the ruling within 15 days, they can bring a lawsuit to the local people's court. If they don't bring a lawsuit within the time limit, the ruling will take effect, and then they can apply to the local people's court for enforcement.

Law on mediation and arbitration of labor disputes

Article 41 After applying for labor dispute arbitration, the parties may resolve the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.

Article 46 An award shall clearly state the arbitration claim, the facts of the dispute, 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.

Article 48 A laborer who refuses to accept the arbitration award stipulated in Article 47 of this Law may bring a lawsuit in a people's court within 15 days from the date of receiving the arbitration award.