1. What is the validity of the mediation agreement?
The validity of the court mediation agreement refers to the mediation agreement reached by both parties through equal negotiation under the auspices of the judges. The legal consequences arising from recognition in accordance with legal procedures. At the same time, it also involves the time when the mediation agreement takes effect.
Effective time
The effective time of the mediation agreement differs depending on whether the court issues a mediation letter.
1. Regarding the effective time of the mediation letter. Paragraph 3 of Article 89 of the "Civil Procedure Law" stipulates: "The mediation document shall be legally effective after it is signed by both parties." This provision includes two requirements: First, the mediation document must be delivered to both parties and signed for receipt. Accordingly, the mediation letter should be delivered directly to the parties themselves, and the methods of lien service and announcement service are not applicable. Second, the mediation document must be signed by both parties before it can take effect. If one or both parties refuse to sign for it, it shall be deemed that the mediation has not been established and the mediation letter shall have no legal effect. In a case in which a third party without an independent right of claim participates in the litigation, if the People's Court needs to confirm the obligations of the third party without an independent right of claim during mediation, its consent shall be obtained, and the mediation letter shall also be delivered to the third party for signature at the same time. If a third party without independent claim rights regrets before signing the mediation letter, the People's Court shall make a timely ruling.
2. It is the effective time of the mediation agreement recorded in the transcript. According to Paragraph 2 of Article 90 of the Civil Procedure Law, a mediation agreement that does not require the preparation of a mediation document and is only recorded in the transcript shall become legally effective after it is signed or sealed by both parties, the adjudicator, and the clerk.
II. Labor Arbitration and Mediation Agreement
The second paragraph of Article 14 of the "Labor Dispute Mediation and Arbitration Law" stipulates: The mediation agreement shall be signed or sealed by both parties and approved by the mediator. It will take effect after being signed and stamped with the seal of the mediation organization. It will be binding on both parties and the parties must perform it. Paragraph 3 of Article 42 stipulates: The mediation letter shall state the arbitration request and the results of the parties’ agreement. The mediation letter shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Committee, and served to both parties. The mediation document becomes legally effective after it is signed by both parties. Paragraph 3 of Article 97 of the revised Civil Procedure Law stipulates that the mediation document shall become legally binding upon receipt by both parties.
It can be seen that the mediation agreement has no legal effect of enforcement after it is signed by both parties, but it is legally binding and the parties should consciously perform it. However, the arbitration mediation agreement and the civil mediation agreement, after both parties sign it, It will have direct legal effect. The specifics of the legal effect of the mediation agreement are explained in the second half of this section.
The above is the relevant content about the validity of the mediation agreement. In short, whether it is a civil litigation case or a labor arbitration case, the mediation agreement must be accepted by the parties or recorded in the transcript. Once the mediation agreement is signed and sealed, it will become legally binding. In other words, you can regret it before accepting the mediation agreement. For more relevant knowledge, you can consult Legal Express Hebei lawyers!