[Direct answer]Yes. The arbitration mediation document shall take effect upon its signing and acceptance by both parties, and shall have the same legal effect as the arbitral award. If a party fails to perform its obligations within the time limit, the other party may apply to the people's court for compulsory enforcement in accordance with the law, and the application period for enforcement is two years. According to Article 42 of the "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" (effective May 1, 2008), the arbitration tribunal shall first conduct mediation before making an award. Where an agreement is reached through mediation, a mediation document shall be issued; Article 51 stipulates that if a party fails to perform its obligations within the time limit after the mediation document or the arbitral award takes effect, the other party may apply for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the accepting court shall enforce it in accordance with the law. For more details, please refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

"What if the other party reneges on the agreement reached through mediation?" This is the most worrying issue for arbitration parties. In labor arbitration practice in Beijing, mediation is an efficient and low-confrontational way to resolve disputes, but parties have different concerns: some workers worry that the mediation agreement "lacks legal force" and would rather resist the arbitration ruling; some employers regard mediation as a delaying tactic and delay implementation after signing the agreement. In fact, both the mediation agreement and the arbitration ruling in labor arbitration are effective legal documents, and both have enforceable force. The mediation agreement confirmed by arbitration can be directly used as the basis for enforcement, just like the court's mediation agreement. Understanding the effectiveness rules of the mediation agreement is the key to making good use of this channel for protecting rights. For issues involving the judicial confirmation and enforcement of the mediation agreement, relevant solutions can be explored in combination with the existing legal framework.Creditor-debtor relations and enforcement case servicesLet's understand it together.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, the effective time: The mediation agreement shall take effect after it is signed and accepted by both parties, which is directly related to the distinction between the stage of "signed but not yet accepted" and the effective stage. Acceptance is the effective point. Secondly, the relationship with the effectiveness of the arbitration award: The mediation agreement and the arbitration award have the same legal effect and can both be used as the basis for enforcement, without the problem of "the mediation agreement being inferior". Thirdly, the consequences of non-performance: If one party fails to perform the effective mediation agreement within the time limit, the other party may apply to the people's court for compulsory enforcement. The court may investigate and control the property and take credit punishment according to law, without the procedural obstacles of "the mediation agreement cannot be enforced and needs to be arbitrated or sued again".

III. Professional analysis by Henglue Lawyers

The case of Li ** represented by Attorney Feng Na demonstrates the complete process of labor arbitration from pre-mediation to adjudication and litigation. On November 17, 2022, Li ** joined Beijing A Technology Co., Ltd. The offer letter stated an annual salary of 550,000 yuan and an annual performance bonus of 110,000 yuan. The labor contract stipulated a base salary of 35,000 yuan per month and a performance bonus of 5,000 yuan per quarter. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,028 yuan; Li ** claimed that the layoffs were not reported to the labor administrative department and were illegal, and that the performance bonuses should be paid according to the offer letter. On April 10, 2025, Li ** applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee. Due to the failure of the parties to reach a mediation agreement, the arbitration committee issued Arbitration Award No. [2025] 2XXX0 in Beijing Chaoyang District, ruling that A Company should pay unpaid annual leave wages of 18,602 yuan and the difference in illegal termination compensation of 91,821 yuan. Both parties appealed to the Beijing Chaoyang District People's Court. The first-instance court ruled that A Company's termination was illegal, upheld the performance bonus agreement, and ordered the payment of 260,143.69 yuan in annual performance bonuses, a difference in illegal termination compensation of 137,726.7 yuan, and unpaid annual leave wages of 12,675.02 yuan. This case highlights that whether a mediation agreement is reached or an arbitration award is issued, the documents become enforceable after they take effect. If one party fails to fulfill their obligations, the other party can apply for enforcement. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的李某某案，展示了劳动仲裁从先行调解到裁决、诉讼的完整程序面貌。2022年11月17日，李某某入职北京A科技有限公司，offer载明年薪55万元、含年度绩效奖金11万元，劳动合同约定基础工资35000元/月加绩效工资5000元/季。2025年3月19日，A公司以「经济性裁员」为由解除劳动关系并支付经济补偿92008元；李某某主张裁员未向劳动行政部门报告、属违法解除，并应按offer支付绩效奖金。2025年4月10日，李某某向北京市朝阳区劳动人事争议仲裁委员会申请仲裁；因双方未能达成调解，仲裁委作出京朝劳人仲字[2025]第2XXX0号裁决书，裁决支付未休年休假工资18602元、违法解除赔偿金差额91821元，双方均不服诉至北京市朝阳区人民法院。一审法院认定A公司解除违法、采信绩效奖金约定，判令支付年度绩效奖金260143.69元、违法解除赔偿金差额137726.7元及未休年休假工资12675.02元。本案提示：仲裁中无论达成调解还是作出裁决，文书生效后均具强制执行力，一方不履行的，另一人均可申请执行。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 42 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008) (mediation before arbitration, preparation and effectiveness of the mediation agreement); Article 47 (scope of final arbitration); Article 51 (applicability of effective mediation and arbitration agreements for enforcement); Article 51 and Article 52 of the "Arbitration Law of the People's Republic of China" (amended on September 1, 2017) (the mediation agreement shall take effect after being signed by both parties and have the same legal effect as the arbitration award); and the provisions of the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and effective January 1, 2024) regarding the two-year enforcement period and enforcement measures. Practical suggestions: The mediation clauses should be clear and enforceable, specifying the amount, performance period, breach of contract liability, and receiving account; the mediation agreement must be signed by the party himself/herself or an authorized representative on time. If the party has objections to the clauses before signing, he/she should raise them in time; if the other party fails to perform within the time limit, prepare the mediation agreement, effectiveness certificate, and property clues, and apply for enforcement within the two-year enforcement period. For other enforcement difficulties involving creditor's rights, follow-up measures can be taken.Special services and support for other cases.

5. Henglue Law Firm's Reminder

The "power" of the mediation agreement comes from the enforceability granted by law, rather than a mere promise. For workers: Mediation can be implemented faster, but the terms must be specific and enforceable, and the liability for breach of contract must be clearly stated. Think carefully before signing, and once signed, you must fulfill your obligations. If the other party fails to perform, you should resolutely apply for enforcement. For employers: Signing the mediation agreement is not a "delaying tactic". If they refuse to perform, they will also be subject to investigation and control, restricted from high-consumption activities, and added to the list of dishonest individuals. If you need to review the mediation terms or initiate enforcement, you can contact us for assistance.Beijing Henglu Law FirmProfessional team.

VI. Frequently Asked Questions

Q1: If the other party fails to fulfill the arbitration mediation agreement, can it be enforced by force?

Yes. According to Article 51 of the Mediation and Arbitration Law of the People's Republic of China on Labor Disputes, the parties shall perform the legally effective mediation agreement and arbitration award in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the people's court accepting the application shall enforce the agreement in accordance with the law. The mediation agreement shall take effect immediately after being signed by both parties, and shall have the same legal effect as the arbitration award. The period for applying for enforcement is two years, calculated from the last day of the performance period specified in the mediation agreement; if the other party refuses to perform, the court may legally investigate and control the property and take credit punishment measures against the party in breach of contract.

Q2: What materials are required to apply for the enforcement of a mediation agreement?

The core materials include: an enforcement application, the original arbitration mediation document that has taken effect, a proof of delivery and receipt of the mediation document (proving that both parties have signed and received the document and that the document has taken effect), the applicant's identity certificate, the subject information of the respondent (name of the unit, address, unified social credit code or citizen's identity information), and property clues (bank accounts, real estate, vehicles, equity, and accounts receivable). The materials should specify the enforcement request, including the amount of the subject matter, the doubled debt interest during the delay in performance, and the responsibility for the enforcement costs. It is recommended to also prepare the delivery receipts of the mediation process for reference. Having complete materials will facilitate the filing of the case.

Q3: How are the fees calculated during the enforcement phase of the mediation agreement?

The application execution fee shall be borne by the party subject to enforcement and does not require the applicant to make an advance payment. After the enforcement is completed, it shall be deducted from the enforcement funds. The attorney's fees shall be determined through consultation between the law firm and the client, taking into account the subject of enforcement, the difficulty and workload of property search, and are typically charged on a stage-by-stage basis or as a percentage of the recovered funds, with no unified standard. The evaluation fees, auction fees, and announcement fees incurred during enforcement shall be borne by the party subject to enforcement in accordance with the law or paid in priority from the disposal proceeds. Those who meet the legal aid conditions may apply for assistance. Before entrusting the lawyer, it is recommended to clarify with the law firm the charging items, stages, and refund conditions, and to conduct a preliminary review of the enforceability of the mediation clauses.

Q4: How long will it take to get the money after applying for the enforcement of the mediation agreement?

It depends on the other party's financial situation. After the court files the case, it will use the enforcement investigation system to inquire about the other party's assets such as deposits, real estate, vehicles, and equity. The feedback usually takes several days to weeks. If the other party has deposits, the funds will be frozen and transferred quickly; if the other party only owns real estate and vehicles, the evaluation and auction may take several months; if the other party has no assets at all, the court may terminate the current enforcement procedure. Once the assets are found, the court can apply to resume the enforcement. The other party may also be subject to restrictions on high-consumption activities and be added to the list of untrustworthy individuals. Generally, the process takes one to three months, but complex cases may take over a year. It is recommended to continue providing clues to the other party's assets after the case is filed.

Q5: If the other party signs the mediation agreement but later reneges on it, what should I do?

Handle the situation according to circumstances: If one party clearly regrets their decision before the mediation agreement is served, the mediation will fail, and the arbitration tribunal will make a timely ruling; if the mediation agreement has already been signed and sealed by both parties and become effective, the other party's regret will not affect its validity, and the other party may apply to the people's court for enforcement. Suggest four steps of action: First, confirm the effective status and performance period of the mediation agreement, and keep the receipt certificate; Second, send a written reminder and keep the delivery traces; Third, prepare the mediation agreement, proof of effectiveness, subject information and property clues, and apply for enforcement in time within the two-year enforcement period; Fourth, actively provide clues during enforcement, and if the other party transfers property, apply for preservation, exercise the right of revocation or add relevant responsible persons at the same time.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Labor arbitration legal services·Attorney Feng Na·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.