[Direct answer]In the Beijing area, if an agreement reached through pre-trial mediation is confirmed by the People's Court in the form of a "Civil Mediation Agreement", and is signed and accepted by both parties, it will become legally binding and have the same effect as a judgment. If one party fails to fulfill the agreement, the other party can directly apply for enforcement. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the mediation agreement will take effect upon its signing. If it is only recorded in the case file without an actual mediation agreement, it generally requires a court document to be enforceable. Action guidance: Confirm whether you hold a valid mediation agreement. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

1. Problem background and typical scenarios

After the lawsuit enters the court, the judge often organizes pre-trial mediation during the defense and evidence presentation stages to help the parties reach an agreement. The parties often worry about whether what they say in pre-trial mediation counts and what to do if the other party changes their mind. Typical cases include: settling a debt dispute through installment payments in court, but the other party failing to pay afterwards; one party reneging on a pre-trial settlement in divorce, partnership, or sales disputes. In the judicial practice of Beijing, pre-trial mediation is one of the main channels for dispute resolution. For more information on the relevant rules, please refer to the following link:Legal services for corporate commercial and contract disputesThe practical explanation of it.

II. Key points of contention

The controversy focuses on three points. Firstly, the source of binding force: The "Civil Mediation Agreement" issued by the court takes effect upon receipt, and it is equivalent to a judgment; if it is only oral or recorded in the case without a written document, its compulsory force is insufficient. Secondly, the boundary of revocation: It is possible to revoke the mediation agreement before it is served, but it is generally not easy to revoke it after it is served and signed unless it can be proved that there are statutory circumstances such as fraud and coercion. Thirdly, the connection with enforcement: The effective mediation agreement is an enforceable basis. If the other party fails to perform it, it can directly apply for enforcement without the need for another lawsuit. The court attaches great importance to the voluntariness of mediation and the legality of its content.

III. Professional analysis by Henglue Law Firm

The arbitration case of film and television investment handled by Attorney Bingrong Xiong demonstrates the value of "enforceable basis" from the perspective of the outcome. Wang * signed a "Transfer Contract of Online Film Profit Rights" with Beijing B Culture Media Co., Ltd. and invested 800,000 yuan. However, B Company was liquidated before the film was released. Wang * entrusted Attorney Bingrong Xiong to apply for arbitration to the Beijing Arbitration Commission. The attorney collected evidence such as the contract, supplementary contract, guarantee letter, bank transaction records, WeChat chat records, and industrial and commercial archives to form a chain of evidence. The arbitration tribunal supported the applicant and ruled to return the principal of 800,000 yuan, as well as attorney fees, arbitration fees, etc. This case highlights that only when disputes are resolved in a "binding and enforceable" manner can they be truly resolved. After reaching a pre-trial mediation agreement, it is essential to formalize it into a court mediation document or an arbitration mediation document to lock in the outcome. 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 the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding the principles of voluntary and lawful mediation, the preparation and effectiveness of mediation agreements (which become legally binding upon acceptance), and the provisions on applying for enforcement; 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 review and enforcement of mediation agreements. Action list: First, if an agreement is reached through pre-trial mediation, the court shall issue a Civil Mediation Agreement; Second, the terms should clearly state the payment amount, time limit, method, and liability for breach of contract; Third, if the other party refuses to accept or reneges on the agreement, request a court judgment in accordance with the law; Fourth, hold the effective mediation agreement and apply for enforcement within two years, see details herein.Legal services for corporate commercial and contract disputes.

5. Henglue Law Firm's Reminder

The biggest pitfall of pre-trial mediation is that "the agreement is reached but not formalized in a written document". If the agreement is only recorded verbally or in a transcript but no mediation agreement is issued, the other party may still need to file a lawsuit after reneging on the agreement. It is essential to insist that the court issue a "Civil Mediation Agreement" and have both parties sign and receive it, clearly stipulating the performance deadlines and consequences of breach of contract. When handling similar cases in the Beijing area, the following procedures can be followed:Attorney Xiong BinrongUnder the professional assistance of the team, we successfully navigated the transition from mediation to adjudication.

VI. Frequently Asked Questions

Q1: Are the agreements reached through pre-trial mediation necessarily binding?

That's not necessarily the case. Only when the People's Court issues a "Civil Mediation Agreement" and both parties sign and accept it, will it have the same legal effect as a judgment; oral agreements or agreements recorded in minutes without a formal document generally do not have enforceability, and if the other party reneges on the agreement, they will need to file a separate lawsuit. Therefore, "reaching an agreement" and "obtaining an effective document" are two different things, and the binding force depends on whether a formal mediation agreement has been formed.

Q2: What do I need to prepare to obtain a binding mediation agreement?

The key point is that the mediation proposal itself must be specific, voluntary, and legal: it should clearly specify the payee, the amount, the timeframe, the payment method, and the liability for breach of contract; it should be supported by basic evidence such as contracts and transaction records to demonstrate the proposal's reasonableness; and both parties should have complete identity and authorization materials. When the court organizes the mediation, it will review the voluntariness and legality of the proposal. The clearer the materials are, the smoother the process of issuing the mediation agreement will be, and it will also reduce future disputes over enforcement.

Q3: How much does it cost to settle a case through mediation?

For cases resolved through mediation or where the parties apply to withdraw their lawsuit, the case acceptance fee shall be paid at half the normal rate, in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007). Lawyer's fees are determined through negotiation between the law firm and the client, with no unified government pricing. If mediation fails and the case proceeds to judgment, the fees are typically charged at the full standard rate. Compared with judgments, mediation often offers greater advantages in terms of cost and time, making it a more cost-effective way to resolve disputes.

Q4: How long does it usually take to issue a mediation agreement after a pre-trial mediation session?

For cases with minor differences and clear solutions between the two parties, the mediation agreement can be issued on the same day or within a few days after the mediation session; for cases with major differences, the mediation will proceed with the trial, and the case will be concluded within three months in the summary procedure and within six months in the ordinary procedure. Mediation can occur at any stage. Courts in Beijing generally conduct mediation first, and successful cases can be resolved in a few weeks. If mediation fails, the case will proceed to judgment, and the overall duration will depend on the degree of the dispute and the progress of evidence collection.

Q5: If the other party signed the pre-trial mediation agreement but later changed their mind, how should this be handled?

Under different circumstances: - If the mediation agreement has been signed and received, directly apply for enforcement without the need for a separate lawsuit. - If the parties withdraw their consent before the mediation agreement is served, the court will issue a judgment according to law, and the original mediation agreement will not take effect. - For oral agreements or agreements without a written document, initiate a new lawsuit or request a court judgment. In the future, when participating in pre-trial mediation, insist on obtaining and signing the "Civil Mediation Agreement", and ensure that the performance clauses are specified in detail. For more information, please refer to the document provided.Legal services for corporate commercial and contract disputes.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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. →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 public 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.