Is it a violation of the regulations that the mediation transcript is not signed?

Updated on society 2024-04-12
4 answers
  1. Anonymous users2024-02-07

    It depends on whether there is a guarantor's responsibility in the mediation agreement.

  2. Anonymous users2024-02-06

    The mediation agreement prepared by the court is signed by both parties. You sign to confirm that service is just a follow-up procedure and you can take it in court if you wish.

    The transcript of the mediation agreement you mentioned, this is a transcript document, you sign to confirm the circumstances of the mediation between the parties and the court in the process of mediation, and you sign to confirm the authenticity of the transcript, and it does not need to be served on you.

    The court's mediation record has legal effect.

    To prove the process of mediation and the claims of both parties, etc.

    If the parties reach an agreement on the relevant civil matters, the court may prepare a mediation statement, which shall be signed by the parties and the judge, and affixed with the seal of the court, and the mediation agreement shall become legally effective.

    Article 97 of the Civil Procedure Law: Where an agreement is reached through mediation, the people's court shall draft a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results.

    The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.

    The mediation statement shall have legal effect after it is signed and received by both parties.

    Extended information: Can I reverse my agreement after signing the mediation and infiltration agreement:

    Before the mediation statement is delivered to both parties, the mediation agreement does not take legal effect, and the parties may repent.

    This is because the mediation document, as a legal document made by the people's court in accordance with the law, is a confirmation of the mediation agreement and a legal procedure for the conclusion of the case through mediation, and has the same res judicata, formation or enforcement force as the court judgment.

    Unless the parties submit evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law, they may apply to the people's court for retrial in accordance with the provisions of Article 2 of the Civil Procedure Law or Article 101 of the Civil Procedure Law, otherwise they must perform the obligations set forth in the mediation agreement.

    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. If the plaintiff requests to modify the mediation agreement, the court shall change the content of the mediation agreement after obtaining the consent of the defendant, and make a judgment in a timely manner if the defendant does not agree.

  3. Anonymous users2024-02-05

    Summary. Dear, I am glad to answer for you: Hello, the mediation transcript needs to be signed by both parties. A third party who does not have the right to make an independent claim is not required to sign.

    Dear, I am glad to answer for you: Hello, the mediation transcript needs to be signed by both parties. A third party who does not have the right to make an independent claim is not required to sign.

    Legal basis: Articles 96 and 97 of the Civil Litigation Law of Wu Qiaochun stipulate that after the parties agree to sign or seal the mediation agreement, it shall be recorded in the record or attached to the case file after the people's court reviews and confirms, and the parties, adjudicators, and clerks shall sign or seal the mediation agreement and have legal effect. Where the parties request the drafting of a mediation leniency document, the people's court shall draft a mediation document and send it to the parties.

    If the parties refuse to accept the mediation agreement, the validity of the mediation agreement shall not be affected. If one party fails to perform the mediation agreement, the other party may apply to the people's court for enforcement with the mediation document.

  4. Anonymous users2024-02-04

    The mediation record has legal effect after it is signed, and the parties shall perform it in accordance with the agreement.

    1. How to determine the legal validity of people's mediation agreements.

    A mediation agreement reached through mediation by the people's mediation committee, with content of civil rights and obligations, and signed or sealed by both parties, has the nature of a civil contract. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the mediation agreement without authorization. Where the content of the mediation agreement is reached voluntarily by both parties, does not violate the mandatory provisions of national laws and administrative regulations, does not harm the interests of the state, the collective, the third party and the public interest, and does not have invalid, revocable or modified statutory causes, the legal effect of the mediation agreement shall be confirmed, and this shall be used as the basis for determining the rights and obligations of the parties, and the legal effect of the mediation agreement shall be maintained through the judgment of the court.

    2. Can I no longer appeal the mediation letter for receiving custody?

    No. After the parties to the civil mediation document are signed, they cannot be appealed, because the mediation document has legal effect after it is signed by both parties. However, if the parties submit evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law, they may apply for a retrial of the mediation document.

    Where upon review by the people's court it is found to be true, a retrial shall be made.

    3. Does the email confirmation have the legal effect of laughing and dismantling?

    E-mails are electronic data in the category of statutory evidence. Legitimate, genuine emails have legal effect. In litigation, the parties may put the exported mail in a floppy disk and submit it to the people's court, and if there is no objection to the concealed party after cross-examination, it may be printed out and signed by both parties and attached to the file.

    If the other party has objections, the people's court shall collect evidence in accordance with the method of on-site inspection, and the record of the on-site inspection shall be signed by both parties on the spot. Although e-mail is disseminated and sent and received in the form of electronic information, which is not as high-fidelity as traditional documentary evidence, and is not easy to identify after being tampered with, e-mail also has its own advantages, that is, its sender and recipient are unique, each e-mail address corresponds to a unique user, and its Internet account number, password, and user name are also unique in relative time.

    Article 29 of the People's Mediation Law of the People's Republic of China The mediation agreement may contain the following matters:

    1) The basic information of the parties;

    2) the main facts of the dispute, the matters in dispute 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. The mediation agreement shall take effect on the date on which the parties sign, affix their seals or fingerprints, and the people's mediator signs and affixes the seal of the people's mediation committee. Each party shall hold a copy of the mediation agreement, and the people's mediation committee shall retain a copy.

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