Summary and mediation

The process of judicial confirmation after a mediation agreement is reached for civil and commercial disputes

A mediation agreement is reached upon the premise of the parties’ voluntary will. After the mediation agreement is reached, the parties may renege, and file a lawsuit again.

In order to timely resolve civil and commercial disputes and save the cost of dispute resolution, China adopts a practice of judicial confirmation, and the parties concerned can give the mediation agreement the effect of compulsory execution through judicial confirmation.

The process of making the judicial confirmation is as follows: after a mediation agreement is reached by the people’s mediation committee, where both parties deem it necessary, they may jointly apply to the people’s court for judicial confirmation within 30 days from the date when the mediation agreement becomes effective. The people’s court shall timely review the mediation agreement and confirm the validity of the mediation agreement in accordance with the law. Where the people’s court confirms the validity of the mediation agreement, but one party refuses to fulfill or fails to fulfill it, the other party may apply to the people’s court for compulsory execution.