[Direct answer]In the Beijing area, the effectiveness of mediation documents varies greatly depending on their type. First, civil mediation agreements issued by the people's court during litigation are legally binding. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023), the mediation agreement becomes legally effective after being signed by both parties. If one party refuses to perform the agreement, the other party may apply to the people's court for enforcement without needing to file a separate lawsuit. Second, mediation agreements reached by people's mediation committees are civil agreements between the parties and are not enforceable by themselves. However, according to Article 33 of the People's Mediation Law of the People's Republic of China (effective January 1, 2011), the parties may jointly apply to the people's court for judicial confirmation within 30 days from the date the mediation agreement takes effect. If the people's court confirms the agreement as valid, if one party refuses to perform or fails to perform the agreement in full, the other party may apply to the people's court for enforcement. Third, settlement agreements reached by the parties themselves are new contracts. If the other party fails to perform the agreement, the party usually needs to file a separate lawsuit. In addition, the application for enforcement must be submitted within the statutory enforcement period. According to the provisions of the Civil Procedure Law, the enforcement period is two years, calculated from the last day of the performance period specified in the legal document.Creditor's rights and debts, and enforcement casesYou can view similar questions in the column.

1. Problem background and typical scenarios

When the parties raise this question, they are usually in one of the following three situations: First, the parties reach an agreement through court mediation in the litigation and obtain a mediation agreement, but the other party fails to perform the agreement as agreed. Second, they sign a mediation agreement under the auspices of the community or the people's mediation committee, but the other party reneges on it afterward and wonders whether they can directly apply for enforcement. Third, they sign a private settlement agreement, but only after the other party breaches the agreement do they realize that the agreement cannot be directly enforced. In addition, there are several other situations: if the mediation agreement stipulates installment payments but some of them are not fulfilled after the due date, the rights holder does not know whether to apply for enforcement of the full amount or just the unfulfilled portion; if the debtor is a company with no assets under its name, the enforcement process will be stalemated. When handling such cases in Beijing, the court usually first verifies the nature and effectiveness of the mediation document, then checks whether the performance deadline has expired and whether the application period for enforcement has passed, and finally proceeds to the stages of asset investigation and responsibility subject expansion. For the recovery of debts when the company has no assets available for enforcement, the recovery strategies can also be referred to.Business and contract disputes in enterprisesColumn.

II. Key points of contention

Focus One: The nature of mediation documents. The court mediation agreement, the people's mediation agreement, and the self-reconciliation agreement have different legal effects. Focus Two: Whether the mediation agreement has taken effect requires the signatures of both parties. Focus Three: The connection between the performance period and the application period for enforcement. How is the two-year period calculated and interrupted? Focus Four: The handling of breach of contract in installment payments. Is it to apply for enforcement on the unperformed portion or on all remaining amounts? Focus Five: The application conditions and time limit for judicial confirmation. The application must be jointly submitted within 30 days from the date the agreement takes effect. Focus Six: When the debtor is a company with no assets, can the shareholders who have not paid their capital in full be added as defendants? Focus Seven: Investigating and recovering property clues during enforcement. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

After the mediation document enters the enforcement phase, the biggest challenge is often not the effectiveness of the document, but the lack of assets under the name of the party subject to enforcement. Take a dispute over shareholders' liability for harming the interests of creditors of a company handled by Attorney Yuan Hang of our firm as an example: Ma * and a certain company sued the Beijing Chaoyang District People's Court over a dispute over an intermediary contract. The court ruled that the company should return the intermediary service fee of 423,500 yuan. After the company appealed and had its appeal automatically withdrawn, the judgment remained unenforced after taking effect. Ma * applied for compulsory enforcement, but the enforcement was terminated due to the company having no assets available for enforcement. Ma * then entrusted Attorney Yuan Hang to recover the debt. Attorney Yuan Hang obtained materials and found that the company's shareholders, Liu * and Zhang *, each subscribed to a capital contribution of 9 million yuan and 1 million yuan, with the subscription period ending on September 23, 2039. However, there were no records of actual payment in the industrial and commercial archives. Based on this, the attorney argued that, as the company, being the party subject to enforcement, had no assets and met the criteria for bankruptcy but failed to file for bankruptcy, the creditors had the right to request the shareholders whose subscription period had not yet expired to bear supplementary compensation liability within the unpaid scope. Therefore, a lawsuit was initiated for disputes over shareholders' liability for harming the interests of creditors of the company. The court accepted the attorney's arguments, ruling that the company was unable to pay off its due debts and clearly lacked solvency, meeting the criteria for bankruptcy but failing to file for bankruptcy. The shareholders no longer enjoyed the benefits of the subscription period, and the unpaid subscriptions were subject to accelerated maturity. Since the shareholders failed to appear in court to provide evidence of actual payment, they should bear the consequences of failing to provide evidence. The court ruled that Liu * should bear supplementary compensation liability within the unpaid scope of 9 million yuan, and Zhang * should bear supplementary compensation liability within the unpaid scope of 1 million yuan for the company's debts determined by the effective judgment. This case shows that, once the mediation document or judgment enters the enforcement phase, if the party subject to enforcement is a company and there are no assets, it is still possible to seek to realize the creditor's rights by adding or suing the shareholders who have not made actual payments. According to Article 54 of the Company Law of the People's Republic of China (amended in 2023 and implemented on July 1, 2024), if a company is unable to pay off its due debts, the creditors of the due debts have the right to require the shareholders who have subscribed to the capital but whose subscription period has not yet expired to make advance payments. This case was handled by Beijing Henglu Law Firm. 调解文书进入执行阶段后，最大的难题往往不是文书效力，而是被执行人名下无财产。以本所员航律师代理的一起股东损害公司债权人利益责任纠纷为例：马某与某公司因居间合同纠纷诉至北京市朝阳区人民法院，法院判决该公司返还居间服务费423500元，该公司上诉后按自动撤回上诉处理，判决生效后未履行，马某申请强制执行，因该公司无财产可供执行被裁定终结本次执行。马某随后委托员航律师追债。员航律师调取材料发现，该公司股东刘某认缴出资900万元，张某认缴出资100万元，认缴期限均至2039年9月23日，工商档案中无实缴记录。律师据此主张，该公司作为被执行人经穷尽执行无财产、已具备破产原因但不申请破产，债权人有权请求未届出资期限的股东在未出资范围内承担补充赔偿责任，遂提起股东损害公司债权人利益责任纠纷之诉。法院采纳律师意见，认定该公司不能清偿到期债务且明显缺乏清偿能力、具备破产原因但未申请破产，股东不再享有期限利益，未到期出资适用加速到期；因股东未出庭举证实缴出资，承担举证不能的后果，判决刘某在未出资900万元范围内，张某在未出资100万元范围内，承担生效判决确定的公司债务补充赔偿责任。本案由北京恒略律师事务所代理。Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the nature of the mediation document. Court mediation documents can be directly applied for enforcement, while people's mediation agreements need to be confirmed by the judicial authority first. Self-reconciliation agreements usually require separate litigation. For more details, please refer to the relevant procedures.Creditor's rights and debts, and enforcement cases1. The first step is to review the implementation deadline. If the other party fails to perform within the time limit, apply for enforcement promptly to avoid exceeding the two-year enforcement period. 2. The second step is to verify the performance deadline. If the other party fails to perform on time, apply for enforcement promptly to avoid exceeding the two-year enforcement period. 3. The third step is to prepare enforcement materials, including the original mediation agreement, proof of effectiveness, identity materials, and a list of property clues. 4. For mediation agreements requiring phased performance, include a clause on accelerated breach penalties. If the other party fails to perform as agreed, claim all remaining amounts. 5. If the court determines that the company being executed against has no assets, investigate the actual payment of shareholders. If eligible, add shareholders to the enforcement or file a separate lawsuit. 6. After the court rules to terminate the current enforcement, continuously monitor property changes and apply for resuming enforcement immediately if any clues are found. Legal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) on the effectiveness of mediation agreements and the enforcement period; Article 33 of the People's Mediation Law of the People's Republic of China (implemented on January 1, 2011); Article 54 of the Company Law of the People's Republic of China (amended in 2023 and implemented on July 1, 2024); and the Interpretation of the Supreme People's Court on Several Issues Concerning the Modification and Addition of Parties in Civil Enforcement (implemented on December 1, 2016). Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the effectiveness of the court's mediation document and the people's mediation agreement are completely different. The former can be directly enforced, while the latter requires judicial confirmation. Secondly, there is a 30-day joint application period for judicial confirmation. Missing this deadline may result in the loss of the convenience of direct enforcement. Thirdly, it is very important to include a breach of contract acceleration clause in the mediation agreement. If the other party breaches the contract again, you can directly claim all the remaining payments. Fourthly, there is a two-year statute of limitations for applying for enforcement. If the deadline is exceeded, you may face a defense of the statute of limitations. Fifthly, if the debtor is a company with no assets, don't simply give up. You can investigate the shareholders' investment situation and pursue supplementary compensation liability. Sixthly, the enforcement process is highly professional. It is recommended to hire a professional lawyer as early as possible in the process of applying for enforcement and adding liable parties.

VI. Frequently Asked Questions

Q1: Can the court's mediation agreement be directly applied for enforcement?

Yes. According to the Civil Procedure Law of the People's Republic of China, the mediation agreement shall take effect after being signed and accepted by both parties. If one party refuses to perform the agreement, the other party may apply to the people's court for compulsory enforcement without the need for a separate lawsuit.

Q2: Can the people's mediation agreement be enforced by force?

It cannot do so on its own. Within 30 days from the date the mediation agreement takes effect, the parties may jointly apply to the people's court for judicial confirmation. If the agreement is confirmed to be valid, if one party fails to perform the agreement, the other party may apply to the people's court for compulsory enforcement.

Q3: Is there a time limit for applying for enforcement?

Yes. According to the provisions of the Civil Procedure Law, the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document. If the application is made after the expiration of this period, the other party may raise the statute of limitations defense against it.

Q4: If the mediation agreement stipulates installment payments, but the other party has only made one payment, what should I do?

If the mediation agreement has stipulated an accelerated breach of contract clause, you can claim and apply for enforcement of all remaining payments; if not stipulated, you can generally only apply for enforcement of the unfulfilled part that has already expired. It is recommended to set this clause in advance during the mediation process.

Q5: What should the company being executed do if it doesn't have the money to execute the judgment?

It can be investigated whether the shareholders have actually paid their subscribed capital. If they meet the requirements, they can apply to add the shareholders who have not actually paid their subscribed capital, or separately file a lawsuit against the shareholders for damaging the interests of the company's creditors, and claim that they should bear supplementary compensation liability within the scope of their unpaid subscribed capital.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.