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Can we appeal after the mediation statement comes into effect

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Can we appeal after the mediation statement comes into effect


        

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  • 2024-06-17 14:00:47

    After the mediation statement takes effect, a retrial may be applied for. After both parties have signed the mediation statement, the mediation statement is deemed to have legal effect and cannot be arbitrarily overturned. However, if the parties are really dissatisfied with the mediation statement after it comes into effect, they can propose within six months after the mediation statement becomes legally effective, and the people's court will order a retrial of the mediation statement if it is necessary after the trial.

    After the Civil Law Court has ruled for retrial of the mediation statement, it shall deal with the case according to the following circumstances: 1. If the reasons for the violation of the voluntary principle of mediation proposed by the parties are not established, and the content of the mediation statement does not violate the mandatory provisions of the law, it shall rule to reject the application for retrial; 2. If the reasons for harming the interests of the State and the public interest claimed by the People's Procuratorate in its protest or in its recommendation for retrial are untenable, the retrial procedure shall be terminated by a ruling. Under the circumstances specified in the preceding paragraph, if the mediation statement that the people's court has ruled to suspend execution needs to be continued, it shall automatically resume execution.

    Legal basis

    Article 97 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    When an agreement is reached through mediation, the people's court shall prepare a mediation statement. The mediation statement shall clearly state the claims, the facts of the case and the mediation results. The conciliation statement shall be signed by the judges and the court clerk, sealed by the people's court, and served on both parties. The mediation statement shall have legal effect once signed by both parties.

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