[Direct answer]In the Beijing area, there is currently no mandatory enforcement power. The mediation agreements reached by the Medical Mediation Committee do not have mandatory enforcement power until they are confirmed by the judiciary, but they do gain mandatory enforcement power after being confirmed by the people's court. 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 court for judicial confirmation within 30 days from the date the mediation agreement takes effect. If the court confirms the validity of the agreement, if one party refuses to perform or fails to perform it in full, the other party may apply to the court for enforcement. Mediation agreements that have not been confirmed by the judiciary mainly rely on the parties' voluntary performance. If one party changes their mind, they can sue over the original dispute. Action guidance: After reaching a mediation agreement, apply for judicial confirmation together in a timely manner to lock in the enforcement power.

1. Problem background and typical scenarios

The doctor and the patient signed a mediation agreement at the Medical Mediation Committee, but the family began to worry: What if the other party reneges on the payment? Typical scenarios include: the hospital delays the payment after signing the agreement; the patient worries that no one will recognize the "piece of paper" after receiving the agreement; and one party later feels that the compensation is too low and wants to overturn it. These concerns all point to the same question—does the mediation agreement signed by the Medical Mediation Committee have enforceability? The answer is layered: the agreement itself relies on voluntary compliance, and it only becomes enforceable after judicial confirmation. For related rules, please refer toLegal services for personal injury and medical disputes.

II. Key points of contention

The controversy focuses on four points. Firstly, the nature of the agreement: the mediation agreement of the Medical Dispute Mediation Committee is a civil contractual agreement, which is different from court judgments and mediation documents. It does not have mandatory enforceability in itself. Secondly, the threshold for judicial confirmation: it requires both parties to jointly apply, and the agreement must be voluntary and legal for the court to confirm it. Thirdly, remedies after revocation: if the agreement has not been confirmed, the parties can sue over the original dispute; if it has been confirmed, they can only enforce it according to the ruling or apply for its revocation according to law. Fourthly, the risk of performance: if the terms of the agreement are not specific and there are no breach of contract liabilities, the performance relies more on voluntary compliance. In the Beijing area, the Medical Dispute Mediation Committee generally guides the parties to seek judicial confirmation to supplement the enforceability of the agreement.

III. Professional analysis by Hengluo Lawyers

A personal insurance contract dispute handled by Attorney Xiong Binrong demonstrates how mediation can ensure effective enforcement through legal procedures. In May 2019, Liu Nan purchased a 1 million yuan accidental death insurance policy for her husband, Wu Qiang, from A Life Insurance Company. In June 2023, Wu Qiang suffered from sudden choking during a meal and died after a year of rescue efforts, but the insurance company denied the claim on the grounds that it "did not meet the definition of accidental injury". Attorney Xiong Binrong adopted a two-pronged strategy: submitting the insurance application and medical records to establish a claim chain, conducting multiple rounds of negotiations, and citing Article 30 of the Insurance Law of the People's Republic of China on unfavorable interpretation rules, arguing that the ambiguous interpretation of "accidental injury" should be interpreted in favor of the insured. Through court-mediated settlement, the insurance company agreed to pay 750,000 yuan by June 30, 2025, bringing the total to 780,000 yuan. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Note for this case: The mediation agreement will only have enforceable force after being confirmed by the court or judicially recognized. Otherwise, it mainly relies on voluntary compliance. In medical disputes, the case handled by Attorney Yu Dawei also shows that the patient's side often encounters difficulties in obtaining evidence to prove the causal relationship between the medical act and the damage caused by the medical act.Attorney Yu DayiAfter receiving assistance, you can either choose mediation by the Medical Dispute Mediation Committee or directly file a lawsuit, depending on the evidence and your wishes. However, judicial confirmation is a crucial step in formalizing the results of the mediation.

IV. Practical suggestions and legal basis

The legal basis includes Article 33 (Judicial Confirmation) of the People's Mediation Law of the People's Republic of China (implemented on January 1, 2011); the provisions on judicial confirmation procedures and enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); Article 40 (Mediation Agreement) of the Regulations on the Prevention and Handling of Medical Disputes (implemented on October 1, 2018); and the Measures for the Payment of Litigation Fees (State Council Decree No. 481, implemented on April 1, 2007) regarding the low cost of judicial confirmation. Action list: 1. After reaching a mediation agreement, jointly apply for judicial confirmation within 30 days from the effective date; 2. Prepare the mediation agreement, identity certificates, and service certificates; 3. If the other party fails to perform the agreement, apply for compulsory enforcement directly with the confirmation ruling; 4. If the agreement is not confirmed, you can sue over the original dispute or attempt mediation again; 5. Keep the agreement and communication records throughout the process. For more details, please refer to the following link: [Link].Legal services for personal injury and medical disputes.

5. Hengluo Law Firm's Reminder

The "enforcement weakness" of the mediation conducted by the Medical Dispute Mediation Committee can be fully compensated by judicial confirmation. After signing the agreement, don't be relaxed. It's necessary to jointly apply for confirmation within 30 days to turn the "gentleman's agreement" into an enforceable ruling. The terms of the agreement should also clearly state the amount, deadline, and breach of contract liability to reduce disputes over performance. When handling similar cases in the Beijing area, it is recommended toBeijing Hengluo Law FirmWith the help of professional lawyers, mediation, confirmation, and enforcement are designed as an integrated process.

VI. Frequently Asked Questions

Q1: Do the mediation agreements reached by the Medical Dispute Mediation Committee have enforceable force?

There is none per se. The mediation agreement of the Medical Dispute Mediation Committee relies on the parties' voluntary performance. If one party reneges on the agreement, they cannot directly apply for forced execution. However, according to Article 33 of the People's Mediation Law of the People's Republic of China (implemented on January 1, 2011), the agreement will gain enforceable force after being legally confirmed by the court. Whether the agreement will be confirmed depends on its legality and voluntariness. This article does not make any promises about the outcome.

Q2: What materials do I need to prepare for applying for judicial confirmation?

The applicant needs to submit the application for judicial confirmation, the original mediation agreement, the identity certificates of both parties, the confirmation of the service address, and the materials that can prove that the agreement is voluntary and legal. The application should be jointly submitted to the court with jurisdiction within 30 days from the date the mediation agreement takes effect. If the materials are incomplete, the court will inform the applicant to make corrections at one time. It is recommended to consult a lawyer in advance to sort out the materials.

Q3: Is there a fee for judicial confirmation, and how much does it cost?

According to the relevant litigation fee rules, cases of judicial confirmation of people's mediation agreements do not require the payment of case acceptance fees or only symbolic fees, and the cost is much lower than that of litigation. It is more economical than direct litigation. The specific fees shall be subject to the fee announcement of the court accepting the case. This article does not make a quotation commitment, but overall, it is a low-cost path to confirm rights.

Q4: How long does it usually take to complete the judicial confirmation process?

After the court accepts the application for judicial confirmation, it will generally review and make a ruling within a relatively short timeframe. In practice, this usually takes a few days to several dozen days, with no unified statutory minimum period. If the materials are complete and the agreement is clear, the process will be faster. If the confirmation is not completed within the time limit, it will not affect the plaintiff from filing a lawsuit or seeking mediation for the original dispute. The plaintiff's rights will not be extinguished due to the procedural delay.

Q5: What should I do if the other party fails to fulfill the mediation agreement reached by the Medical Dispute Mediation Committee?

If the judgment has been legally confirmed, you can directly apply to the court for enforcement based on the effective ruling; if it has not been confirmed, you can file a lawsuit against the court regarding the original medical dispute, or reapply for mediation and legal confirmation. Never resort to excessive self-help measures. Instead, you should follow the confirmation or litigation procedures to secure enforcement, and if necessary, consult a professional lawyer to evaluate the plan.

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, so as to avoid missing the statutory time limit. →Personal injury legal services·Attorney Xiong Binrong·Beijing Hengluo 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.