Can I still sue if I sign an agreement, and can I still sue if I sign a mediation agreement?

If the two parties have signed a settlement agreement, they can also sue at this time, and if the agreement is signed by both parties privately, it is generally not legally effective at this time, and litigation can be carried out in the people's court at any time. The mediation of an ordinary third party is not enforceable, and a lawsuit can be filed with the court after repentance. If the mediation agreement reached by the arbitration institution is reversed, it may file a lawsuit with the people's court to request that the agreement be modified or revoked, or that the agreement be confirmed to be invalid.

Legal analysisAt this time, it is necessary to provide evidence to prove your claim. Where the court is requested to confirm the invalidity of the mediation agreement, the following circumstances shall be met: harming the interests of the state, the collective, or a third party; concealing illegal purposes in a lawful form; harming the public interest; Violation of mandatory provisions of laws and administrative regulations.

Where the people's mediation committee compels mediation, the mediation agreement is invalid. Where the court is requested to modify or revoke the mediation agreement, the following circumstances shall be met: It was concluded due to a material misunderstanding; Manifestly unfair in entering into a mediation agreement.

If one party uses fraud, coercion or taking advantage of the danger of others to make the other party enter into a mediation agreement contrary to its true intentions, the injured party has the right to request the people's court to modify or revoke it. Where a party requests a modification, the people's court must not revoke it. However, if the party with the right of revocation does not apply for revocation within one year from the date on which he or she knew or should have known the reasons for revocation, or expressly expresses or waives the right of revocation by his own conduct, the right of revocation shall be extinguished.

An invalid mediation agreement or a revoked mediation agreement is not legally binding ab initio. If part of the mediation agreement is invalid and does not affect the validity of the other parts, the other parts shall remain valid. (3) The civil mediation document formulated by the people's court.

This is enforceable, and once signed, it has legal effect, and it cannot be appealed or sued separately for the same dispute.

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

If the content of the agreement violates laws and regulations, has obviously unfair terms, and does not express your true intentions, or if you find that the other party has concealed the situation, then you can go to the court to sue.

Legal analysis: The parties to the dispute have reached a mediation agreement and signed an agreement, and can still sue. However, because the agreement is legal and valid, it cannot be reversed.

Unless either party believes that there was a major misunderstanding or obvious unfairness in signing the compensation agreement, or that there was fraud or coercion in signing the agreement, it may sue to rescind the agreement, and the court shall make a new judgment in accordance with the regulations. If the court finds that this is true, it will rule to rescind the agreement. If there is no revocable evidence and grounds, the court will dismiss the plaintiff's claim, and both parties will still perform their obligations in accordance with the agreement.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 96: Reaching an agreement through mediation must be voluntary on both sides and must not be forced. The content of the mediation agreement must not contravene the provisions of the law.

Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.

Hello, under normal circumstances, no, but if there is illegality and violation of laws and regulations in the process of signing the agreement, you can sue to revoke the agreement.

If the agreement is signed, it can be sued if it is not performed. If you fulfill the agreement, there is no need to sue again.

Legal analysis: If an agreement is signed not to sue, whether a lawsuit can be filed depends on the actual situation, and if the agreement is invalid, the parties can file a lawsuit.

Legal basis: Civil Code of the People's Republic of China

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of ability to make judgments, causing Lu Yu to be unfairly established when a civil juristic act is established, the injured party has the right to request that the people's court or arbitration institution revoke it.

Article 497:In any of the following circumstances, the standard clause shall be invalid:

1) It has the invalid circumstances provided for in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;

2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;

3) The party providing the standard clauses excludes the main rights of the other party.

Legal analysis: After the two parties reach a mediation agreement, they can file a lawsuit with the court, and after mediation, if the parties do not reach an agreement or repents after reaching an agreement, either party can request the grassroots people to deal with it, or they can file a lawsuit with the people's court.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the parties reach an agreement through negotiation, fail to perform the agreement, or the agreement is made without the premise of work-related injury determination or labor ability appraisal, or the agreement is fraudulent, coercive, taking advantage of the danger of others and obviously unfair, they may apply for labor dispute arbitration, and if they are not satisfied with the arbitral award, they may file a lawsuit in the people's court; If an agreement is reached through mediation by the labor dispute arbitration commission, the agreement has already been served and has taken legal effect, and no lawsuit may be filed, but an application for retrial may be made. Article 54 of the Regulations on Work-related Injury Insurance stipulates that any dispute between an employee and an employer over the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes. Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if 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.

Article 42 The arbitral tribunal shall mediate before making an award. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement. The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties.

The mediation statement shall be signed by the arbitrator, stamped with the seal of the labor dispute arbitration commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties. If the mediation fails or one of the parties repents before the mediation statement is served, the arbitral tribunal shall make an award in a timely manner.

Jiangsu Provincial High People's Court, Guidelines for the Trial of Labor Dispute Cases 2012

3. After a work-related injury suffers a worker, after the employer and the employee reach a compensation agreement, the employee files arbitration or litigation to demand compensation from the employer in accordance with the work-related injury insurance benefits, the validity of the agreement shall be handled according to the circumstances

1) If the compensation agreement is signed on the premise that the employee has been recognized as a work-related injury and assessed the level of disability, and there is no fraud, coercion or taking advantage of the danger of others, it shall be deemed valid; However, if the employee can provide evidence to prove that there is a material misunderstanding or obvious unfairness in the agreement, and the circumstances of contract modification or revocation are met, the employee may take action according to the circumstances.

2) If the compensation agreement is signed without the labor administrative department determining the work-related injury and assessing the disability level, and the actual compensation received by the employee is significantly lower than the statutory work-related injury insurance treatment standard, the compensation agreement may be changed or revoked, and the employer may be awarded to supplement the difference between the two parties that is lower than the work-related injury insurance benefits.

Legal Analysis: No. The signed agreement is usually not allowed to be sued in court before it expires, but if the other party has a pre-existing breach of contract, transfer of property, and other circumstances that may make it impossible to realize the contract claim when it expires, the parties may sue after preparing relevant evidence.

Legal basis: Article 578 of the Civil Code of the People's Republic of China If one of the parties clearly states or shows by its own behavior that it does not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Civil Procedure Law of the People's Republic of China》 Article 119:The following conditions must be met for a lawsuit: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; 2) There is a clear defendant; 3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court that is the subject of the lawsuit.