I regret the content of judicial mediation, but it has not been implemented, can I reverse?

If the mediation letter is not signed, it can be reversed. Otherwise, the arbitration mediation document and the court mediation document shall be mandatory after signing.

According to Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if a labor dispute occurs, and the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If it's just mediation, you can go back on it. In the case of arbitration, no.

Article 4 of the Arbitration Law of the People's Republic of China Where the parties settle their disputes by arbitration, they shall reach an arbitration agreement on their own volition. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

Article 5 Where the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it, unless the arbitration agreement is invalid.

Article 9 The arbitration shall be subject to a system of finality. After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it.

If the award is revoked or not enforced by the people's court in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties in respect of the dispute, or may file a lawsuit with the people's court.

Legal analysis: For the mediation letter of the Fakai Collapse Court, it can be reversed. Where mediation fails to reach an agreement or the party repents before the mediation document is served, the people's court shall make a judgment in a timely manner.

Legal basis: Article 195 of the Civil Procedure Law of the People's Republic of China: After the people's court accepts the application, if the suspicion is reviewed and meets the requirements of the law, it shall rule that the mediation agreement is valid, and if one party refuses to perform or the person who fails to perform in full, the other party shall apply for enforcement.

1. Whether the court can reverse the mediation agreement after it is signed.

When the person is mediated in the court, the person should take the mediation seriously, and be cautious and punish his legitimate rights and interests, and the mediation agreement can take effect once it is signed. There is controversy in practice about whether it can be reversed:

The first opinion holds that the plaintiff can repent, and the court may organize mediation again to solicit the defendant's opinions, and if the mediation fails, make a judgment in a timely manner. 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 draft a mediation document, which shall have legal effect after being signed and received by both parties. In other words, before both parties sign the mediation agreement, either party can file a rebuttal.

According to Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Civil Mediation Work of the People's Courts, the mediation agreement shall take effect after it has been signed or sealed by both parties, and if the parties refuse to accept the mediation agreement, the validity of the mediation agreement shall not be affected. Therefore, the mediation agreement is legally binding and should be performed by both parties in good faith.

2. Reasons for reversible.

Article 99 of the Civil Procedure Law stipulates two situations in which the people's court shall make a judgment in a timely manner if the mediation fails, one is that the mediation fails to reach an agreement, and the other is that the mediation document is reversed before the mediation is served. These two situations correspond to two types of cases, one is the case of divorce that is reconciled through mediation, the case of mediation to maintain the adoption relationship, the case that can be performed immediately, and other cases that do not require the preparation of a mediation document, and after the parties to such cases reach an agreement through mediation, they may not make a mediation document, and the clerk of the people's court shall record the content of the agreement in the record, and after the parties, adjudicators, and clerks sign or affix their seals, the mediation agreement shall be legally binding on both parties. The parties must abide by the agreement, and if either party fails to perform the obligations agreed in the agreement, the other party may apply to the court for enforcement; The other type is the general case where a mediation document should be prepared, and after the people's court presides over the mediation and reaches an agreement, the people's court shall prepare a mediation document according to the mediation agreement and serve it on both parties, and the mediation document shall take legal effect.

However, Article 15 of the Several Provisions of the Supreme People's Court on the Application of Summary Procedures in the Trial of Civil Cases restricts the parties' repudiation of the mediation agreement, which stipulates that if the parties agree that the mediation agreement takes effect after the mediation is reached and reviewed by the adjudicators, the mediation agreement shall take legal effect from the date on which both parties sign or affix their seals. In fact, there is no conflict between the provisions of Article 99 of the Civil Procedure Law, which stipulates that the parties may repudiate before signing the mediation agreement, because the Civil Procedure Law does not deny the legal effect of the mediation agreement before the mediation agreement is signed.

Now that the case has been settled through mediation, there is no way to go back.

If it is found that there is a problem with the mediation and violates the provisions of the law, it may apply for a retrial.

Article 201 of the Civil Procedure Law stipulates that: Where a party submits evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law, it may apply for a retrial. Where upon review by the people's court it is found to be true, a retrial shall be made.

If the parties are not satisfied with the outcome of the civil mediation document, they may apply for a retrial.

The Civil Procedure Law provides:

Article 124:People's courts are to handle the following lawsuits in separate circumstances:

5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit;

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

After the people's mediation committee reaches a mediation agreement, if the parties repent, they may file a lawsuit with the court again. However, if the mediation agreement is confirmed by the court to be valid, the parties can no longer file a lawsuit with the court for the original dispute.

In accordance with the Regulations on the Organization of the People's Mediation Committee

Article 9: The parties shall perform on mediation agreements reached under the auspices of the people's mediation committee.

After mediation, if the parties fail to reach an agreement or repents after reaching an agreement, either party may request the grassroots people to handle it, or may file a lawsuit with the people's court.

People's Mediation Law of the People's Republic of China

Article 33: After a mediation agreement is reached through mediation by the people's mediation committee, where both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly conduct a review of the mediation agreement and confirm the validity of the mediation agreement in accordance with law.

Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement.

Where the people's court confirms that the mediation agreement is invalid in accordance with law, the parties may modify the original mediation agreement or reach a new mediation agreement through people's mediation, and may also file a lawsuit in the people's court.

Where the court repents after the mediation document is signed, as long as the party repents before the mediation document is served, the people's court shall make a judgment in a timely manner, and the mediation document will not take effect. If both parties sign the mediation agreement, the mediation agreement will be validated and needs to be performed in accordance with the mediation agreement. If the effective mediation agreement is reversed, an application for retrial can only be made if there is evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law.

Legal basis] Article 99 of the Civil Procedure Law, where mediation fails to reach an agreement or the party reverses before the mediation document is served, the people's court shall make a judgment in a timely manner.

Reversal of the civil mediation document may not be appealed, but can only be reversed before it is served, and the people's court shall make a judgment in a timely manner. After service, a retrial can only be applied if there is evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law.

Article 98 of the Civil Procedure Law of the People's Republic of China: In the following cases, where an agreement is reached through mediation, the people's court may not draft a mediation document: (1) Divorce cases that are reconciled through mediation; (2) Cases of mediation to maintain the adoptive relationship; (3) Cases that can be performed immediately; (4) Other cases that do not require the preparation of a mediation document. Agreements that do not require the preparation of a mediation document shall be recorded in the record, and shall have legal effect after being signed or sealed by both parties, adjudicators, and clerks.

Article 99 of the Civil Procedure Law of the People's Republic of China: Where mediation fails to reach an agreement or the mediation document is served on the party repents, the people's court shall make a judgment in a timely manner.