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Anonymous users2024-02-07Legal analysis: Judicial confirmation of a mediation agreement refers to a situation in which one of the parties to the dispute is not at ease and applies to the people's court for judicial confirmation after mediation.
Random search of legal basis: Article 194 of the Civil Procedure Law of the People's Republic of China for the People's Republic of China: An application for judicial confirmation of a mediation agreement is to be submitted by both parties to the basic level people's court for the location of the mediation organization within 30 days of the effective date of the mediation agreement in accordance with the People's Mediation Law and other laws.
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Anonymous users2024-02-061. Civil Procedure Law of the People's Republic of China (2021 Amendment).
Article 201:Where a mediation agreement is reached through mediation by a lawfully established mediation organization and an application for judicial confirmation is made, both parties are to jointly submit it to the following people's courts within 30 days of the mediation agreement taking effect:
1) Where the people's court invites a mediation organization to carry out preliminary mediation, it shall submit it to the people's court that made the invitation;
2) Where the mediation organization carries out mediation on its own, it shall be submitted to the basic level people's court for the place where the parties are domiciled, where the subject matter is located, or where the mediation organization is located; Where disputes involved in a mediation agreement shall be within the jurisdiction of the Intermediate People's Court, they shall be submitted to the corresponding Intermediate People's Court.
Article 202:After the people's court accepts the application, after review, it is found that it complies with the provisions of law, and rules that the mediation agreement is valid, and where one party refuses to perform or fails to perform in full, the other party may apply to the people's court for enforcement; If it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may modify the original mediation agreement or reach a new mediation agreement through mediation, and may also file a lawsuit in the people's court.
2. Law of the People's Republic of China on Mediation of Early Aging and Chaos
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.
If 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.
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Anonymous users2024-02-05Legal analysis: Where the parties jointly apply to the people's court for confirmation of the mediation agreement in accordance with article 33 of the "People's Mediation Law of the People's Republic of China", the people's court shall accept it in accordance with law. The people's court shall decide whether to accept it within three days of receiving a party's request for judicial confirmation of the application.
Where the people's court decides to accept the case, it shall compile a "Confirmation Character" case number, and promptly serve a notice of acceptance on the parties. Where both parties apply to the court for judicial confirmation at the same time, the people's court may immediately accept it and make a decision on whether to confirm it. The people's court shall make a decision on whether or not to confirm within 15 days of accepting the application for judicial confirmation.
Where an extension is necessary due to special circumstances, it may be extended for 10 days with the approval of the president of that court.
Legal basis: Several Provisions on the Procedures for Judicial Confirmation of People's Mediation Agreements
Article 1: Where the parties jointly apply to the people's court for confirmation of a mediation agreement in accordance with the provisions of article 33 of the "People's Mediation Law of the People's Republic of China", the people's court shall accept it in accordance with law.
Article 4: Where a people's court receives a party's application for judicial confirmation, it shall decide whether to accept it within 3 days. Where the people's court decides to accept the case, it shall compile the case number of the lease defense and establish the "Confirmation Word", and promptly serve a notice of acceptance on the parties. Where both parties apply to the court for judicial confirmation at the same time, the people's court may immediately accept it and make a decision on whether to confirm it.
Article 5: People's courts shall make a decision on whether or not to confirm within 15 days of accepting an application for judicial confirmation. Where an extension is necessary due to special circumstances, it may be extended for 10 days with the approval of the president of that court. Where one or both parties withdraw the application for judicial confirmation before the people's court makes a decision on whether or not to confirm it, the people's court shall permit it.
Article 8: Where upon review the people's court finds that the mediation agreement meets the requirements for confirmation, it shall make a written confirmation decision; Where a decision is made not to confirm the validity of the mediation agreement, a written decision shall be made.
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Anonymous users2024-02-04Article 194 of the Civil Procedure Law of the People's Republic of China stipulates that an application for judicial confirmation of a mediation agreement shall be submitted by both parties to the basic people's court at the place where the mediation organization is located within 30 days from the effective date of the mediation agreement in accordance with the People's Mediation Law and other laws. Article 195 refers to the unbridled travel provisions
After the people's court accepts the application, after review, it is found that it complies with the provisions of the law, and rules that the mediation agreement is valid, and if one party refuses to perform or does not fully perform, the other party may apply to the people's court for enforcement; If it does not comply with the provisions of the law, a ruling shall be made to reject the application, and the parties may change the original mediation agreement or reach a new mediation agreement through hail mediation, or may file a lawsuit with the people's court.
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Anonymous users2024-02-03Civil Procedure Law of the People's Republic of China (2021 Amendment).
Article 201: Where a mediation agreement is reached through mediation by a lawfully established mediation organization and an application for judicial confirmation is made, both parties are to jointly submit it to the following people's courts within 30 days of the mediation agreement taking effect:
1) Where the people's court invites a mediation organization to carry out preliminary mediation, it shall submit it to the people's court that made the invitation;
2) Where a mediation organization refers to a mediation organization that conducts mediation on its own, it shall be submitted to the basic level people's court at the place where the parties are domiciled, where the subject matter is located, or where the mediation organization is located; Where disputes involved in a mediation agreement shall be within the jurisdiction of the Intermediate People's Court, they shall be submitted to the corresponding Intermediate People's Court.
Article 202:After the people's court accepts the application, after review, it is found that it complies with the provisions of law, and rules that the mediation agreement is valid, and where one party refuses to perform or fails to perform in full, the other party may apply to the people's court for enforcement; If it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may modify the original mediation agreement or reach a new mediation agreement through mediation, and may also file a lawsuit in the people's court.
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