[Direct answer]In the Beijing area, people's mediation agreements confirmed by the judiciary can be directly applied for enforcement; those not confirmed by the judiciary cannot be directly applied for enforcement and must first file a lawsuit or apply for judicial confirmation. According to Article 33 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) and the People's Mediation Law of the People's Republic of China (implemented on January 1, 2011), the parties may jointly apply to the court for judicial confirmation within 30 days from the date the agreement takes effect. After the ruling is effective, they can apply for enforcement. Action guidance: First, check whether the agreement has been confirmed by the judiciary. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

I. Problem Background and Typical Scenarios

According to the agreements reached by the People's Mediation Committee, they are often used to resolve disputes such as neighborhood conflicts, consumer disputes, small-amount contract disputes, and work-related injury compensation disputes. Parties often ask, "After signing the agreement in black and white, can I directly go to court if the other party refuses to pay?" The answer depends on whether the agreement has been judicially confirmed. Many people are unclear about the differences between "mediation agreements" and "enforceable documents", and miss the window for applying for confirmation. When handling similar cases in Beijing, street and industry mediation committees generally guide parties to obtain judicial confirmation. For more information on the relevant rules, please refer to the official document.Legal services for corporate commercial and contract disputesAccording to the guidelines.

II. Key points of dispute

The controversy focuses on three points. Firstly, the source of enforceability: agreements only stamped by the People's Mediation Committee lack enforceability and must be judicially confirmed or converted into a court mediation document. Secondly, the subject of application and time limit: judicial confirmation requires the joint application of both parties and should be submitted within 30 days from the date of the agreement's effectiveness. Thirdly, the review result: if the court finds that the agreement is voluntary and legal, it will rule that it is valid; if there is fraud, coercion, or illegal content, it will reject it. The court conducts a summary review of the confirmation case, emphasizing the legality of the procedure and the authenticity of the parties' intentions.

III. Professional analysis by Henglue Lawyers

A film and television investment arbitration case handled by Attorney Xiong Binrong, although not a people's mediation case, still demonstrates the key point of "turning an agreement into enforceable evidence". Wang * signed a "Transfer Contract of Online Film Profit Rights" with Beijing B Culture Media Co., Ltd. and invested 800,000 yuan. However, before the film was released, B Company went through the process of being deregistered. Wang * entrusted Attorney Xiong Binrong to apply for arbitration to the Beijing Arbitration Commission. The attorney fixed the contract, supplementary contract, guarantee letter, bank transaction records, WeChat chat records, industrial and commercial archives, and other evidence into a chain. The arbitration tribunal supported the applicant and ruled to return the principal of 800,000 yuan, as well as attorney's fees, arbitration fees, etc. This case reminds us that the closed-loop of dispute resolution lies not in "reaching an agreement", but in "obtaining enforceable evidence after reaching an agreement". People's mediation agreements can only become enforceable after being confirmed by the judiciary. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Articles 31 to 33 of the People's Mediation Law of the People's Republic of China (effective from January 1, 2011) (effectiveness of the agreement and judicial confirmation); Article 205 of the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024) (application for judicial confirmation and ruling) and Article 247 (basis for enforcement); and the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (amended on April 10, 2022) regarding the jurisdiction and review of confirmation cases. Action list: First, apply for judicial confirmation with the other party immediately after signing the agreement; Second, clearly specify the content of the payment, the time limit, and the consequences of breach of contract in the clauses; Third, if the other party fails to perform after the confirmation ruling takes effect, apply for enforcement within two years; Fourth, promptly file a separate lawsuit if the agreement has defects. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

5. Henglue Law Firm's Reminder

Before the people's mediation agreement is confirmed, it is just a "gentleman's agreement". If the other party changes their mind, they will need to file a lawsuit again, which involves an extra round of procedures. The safest approach is to apply for judicial confirmation immediately after signing the agreement. It's cost-effective and free of charge, but it can obtain enforcement power. When handling similar cases in the Beijing area, you can apply for judicial confirmation at the people's court where the case was mediated.Attorney Xiong BinrongUnder the professional guidance of the team, we will grasp the application deadlines and evaluate the effectiveness of the agreement.

VI. Frequently Asked Questions

Q1: If the other party refuses to pay after the judicial confirmation, can the enforcement be successfully carried out in all cases?

The judicial confirmation ruling is a legal basis for enforcement, and it can be applied for enforcement. However, whether the creditor can actually receive compensation still depends on whether the debtor has any assets. The validity of the ruling merely means that the state's coercive force has intervened, which does not necessarily mean that the creditor will receive the repayment. If there are no assets available for enforcement, the current enforcement may be terminated. No lawyer can unilaterally guarantee the enforcement result. Therefore, during the case handling, lawyers should simultaneously search for property clues and consider taking preservation measures.

Q2: What materials are required to apply for judicial confirmation?

Both parties shall jointly submit the following documents: an application for judicial confirmation; the original of the people's mediation agreement; the parties' identity certificates; evidence of the rights basis related to the agreement, such as contracts, transfer receipts, and materials on the facts of infringement; and a service notice and explanatory statement issued by the mediation organization. The materials shall prove that the agreement is voluntary, legal, and specific in content. For amounts to be paid, the calculation basis shall be attached to facilitate the court's review and future enforcement.

Q3: Are there fees for judicial confirmation and applying for enforcement?

When applying for judicial confirmation of a mediation agreement, the people's court does not charge any fees, making it the lowest-cost path to obtaining property rights. For applications for enforcement, there is generally no need to prepay the enforcement application fee, and the fee will be borne by the party subject to enforcement after the enforcement is completed. If the agreement has not been confirmed and a separate lawsuit is necessary, the case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), and the mediation or withdrawal of the lawsuit will be subject to a 50% reduction. The attorney's fee shall be determined through negotiation between the law firm and the client.

Q4: How long does it take from signing the agreement to receiving the money?

Judicial confirmation is generally ruled within a relatively short period after the case is registered with the court; after the ruling takes effect, the applicant applies for enforcement, and the court usually concludes the case within six months, with faster progress if the assets are clear. If the confirmation is not granted, a separate lawsuit must be filed. The first-instance summary procedure takes three months, and the ordinary procedure takes six months plus enforcement, often spanning over a year. In the Beijing area, the review of confirmation cases is relatively fast, and the key is to jointly apply for confirmation within 30 days after signing the agreement to avoid exceeding the time limit.

Q5: After signing the mediation agreement, the other party is delaying the process. What should I do specifically?

Three steps: First, check whether the agreement has been legally confirmed—if it has been confirmed, apply for forced execution within two years of enforcement; if it has not been confirmed, apply for confirmation with the other party as soon as possible, and you can also file a lawsuit within 30 days. Second, prepare evidence of the breach of contract and clues to the other party's assets, and take preservation measures if necessary. Third, in the future, prioritize obtaining legal confirmation when signing important agreements. For specific operations, please refer to the following guidelines.Legal services for corporate commercial and contract disputes.

The above content is based on the judicial practice 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 for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Business and commercial legal services·Attorney Xiong Binrong·Beijing Henglu 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.