[Direct answer]In the Beijing area, the mediation agreements reached by the Medical Mediation Committee, once signed by the parties, are generally regarded as civil contracts and should be honored by the parties. However, it's not absolutely impossible to revoke them. According to the "People's Mediation Law of the People's Republic of China" (effective January 1, 2011), if there is evidence to prove that the mediation violates the principles of voluntariness and legality, or there are major misunderstandings, fraud, coercion, or manifestly unfair situations, the parties may request the court to revoke the agreement within one year from the date they know or should have known the grounds for revocation. If the agreement has been judicially confirmed, it will have enforceable force, and the scope for revocation will be extremely limited. It's necessary to distinguish the different legal effects of the "Mediation Agreement" signed by the Medical Mediation Committee and the "Civil Mediation Agreement" issued by the court. Before signing the agreement, it's essential to carefully evaluate the situation, and after signing it, it's advisable to consult a professional lawyer promptly to determine whether there are grounds for revocation. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

After a medical dispute occurs, many patients' families hope to receive compensation as soon as possible and avoid protracted litigation, so they choose to apply for mediation to the Medical Mediation Committee. Typical scenarios include: both parties repeatedly negotiate the amount of compensation and finally sign the agreement under the mediator's supervision; the patient's side is dissatisfied with the appraisal opinion but still accepts the mediation agreement to settle the dispute; after signing the agreement, they find that the hospital has concealed key medical records or believe that the compensation amount is obviously too low. In these situations, the parties often ask, "Can I change my mind after signing the agreement?" In fact, the nature and effectiveness of the mediation agreement of the Medical Mediation Committee, the threshold and path of changing one's mind, are different from those of the court's mediation agreement. The relevant rules can be referred to here.Legal services for personal injury and medical disputes.

II. Key points of contention

The controversy focuses on four points. First, the nature of the agreement: the mediation agreement of the Medical Mediation Committee is a civil contract before it is confirmed by the judiciary, and its legal effect is different from that of the "Civil Mediation Letter" issued by the court. The latter has compulsory enforceability once it is signed and received. Second, the threshold for revocation: simple "regret" is not enough. It is necessary to prove the existence of revocable grounds, such as the mediation violating the principle of voluntariness, being subject to fraud or coercion, or having a major misunderstanding about the scope and amount of compensation, or being manifestly unfair. Third, the mode of exercise: it cannot be directly refused to perform, but should be revoked through litigation and reviewed by the court; the agreement remains effective until it is revoked. Fourth, time limit: the right of revocation must be exercised within one year from the date when the revocable grounds are known or should be known. Beyond the time limit, the right will be extinguished. In the practice of medical dispute mediation in Beijing, whether the agreement is confirmed by the judiciary directly determines the difficulty of subsequent remedies.

III. Professional analysis by Hengluo Lawyers

The medical malpractice liability dispute handled by Attorney Yu Dawei helps us understand the complexity of medical dispute resolution and the value of professional intervention. In May 2024, Zhao Dashan, an elderly patient, died within 48 hours after being diagnosed with esophageal cancer and undergoing gastroscopic biopsy. His family entrusted Attorney Yu Dawei to sue the hospital for medical negligence causing death. The appraisal concluded that B County People's Hospital was equally responsible for the "loss of survival opportunity" (with 50% causality), while the other two hospitals were not at fault. The court accepted the appraisal opinion and ruled that B County People's Hospital should compensate according to a 50% liability ratio. This case highlights that medical disputes heavily rely on forensic appraisals. Even without autopsy, compensation claims can be based on procedural damages. In similar disputes, many cases are first mediated by the Medical Dispute Mediation Committee and signed agreements. However, if key medical records are not sealed or the appraisal process is unclear during mediation, it may lead to unfair compensation later, which brings us back to the topic of this article - regrets and revocations after signing agreements. Whether the mediation agreements issued by the Medical Dispute Mediation Committee are legally recognized and subject to revocation directly determines whether families can seek further legal remedies. This case was handled by Beijing Henglu Law Firm.Yu DawaiAttorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 32 (Performance of Mediation Agreements) and Article 33 (Judicial Confirmation) of the People's Mediation Law of the People's Republic of China (effective January 1, 2011); the provisions on revocable circumstances in the Several Provisions of the Supreme People's Court on the Trial of Civil Cases Involving People's Mediation Agreements (effective September 16, 2002); Articles 147 to 151 (Revocation Grounds such as Major Misunderstanding, Fraud, and Manifestly Unfair Terms) and Article 152 (Expiration of the Right of Revocation) of the Civil Code of the People's Republic of China (effective January 1, 2021); and the provisions on judicial confirmation and litigation in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024). Action List: 1. Before signing, require the Medical Mediation Committee to fully disclose the medical records and appraisal opinions, and if necessary, seal the medical records first; 2. Check the compensation items and amounts item by item to avoid major misunderstandings; 3. If it is intended to grant enforceability, jointly apply for judicial confirmation; 4. If revocable circumstances are discovered after signing, file a lawsuit to revoke the agreement within one year; 5. Medical dispute mediation involves professional appraisals, and it is recommended to entrust professional lawyers to review them. For more details, please refer to the following link: [Link].Legal services for personal injury and medical disputes.

5. Hengluo Law Firm's Reminder

When reneging on a mediation agreement reached by the Medical Mediation Committee, it is most important to avoid "procrastination" and "endurance". The right of revocation only has a one-year statute of limitations, which starts from the date when the party knows or should have known about the grounds for revocation. If the deadline is exceeded, the court will no longer support it; if the agreement has been legally confirmed, the threshold for relief will be higher. Before signing the agreement, it is necessary to carefully check the scope of compensation, whether it includes follow-up treatment fees, appraisal fees, and compensation for mental damage, to avoid leaving hidden problems after a "one-time settlement". At the same time, the factual concessions made during the mediation may be used as unfavorable evidence in subsequent litigation. When handling similar cases in the Beijing area, it is recommended that the parties involved in the caseBeijing Hengluo Law FirmUnder the assistance of professional lawyers, evaluate the effectiveness of the agreement and the feasibility of reneging on it.

VI. Frequently Asked Questions

Q1: Can I change my mind after signing the mediation agreement with the Medical Dispute Mediation Committee?

Yes, but there are strict conditions. Mediation agreements reached by the Medical Dispute Mediation Committee without judicial confirmation are civil contracts. If the parties have evidence to prove that the mediation violates the principles of voluntariness and legality, or there are situations such as major misunderstandings, fraud, coercion, or manifestly unfair outcomes, they can request the court to revoke the agreement. If the parties are simply dissatisfied with the outcome and lack the above-mentioned grounds, the court will generally not support their request. If the agreement has been judicially confirmed by the people's court, it will have enforceable force, and there will be very little room for reconsideration. The parties can only seek remedies through extremely limited channels such as judicial supervision.

Q2: What evidence is needed to revoke or rescind a mediation agreement?

The core is to provide evidence of the existence of revocable grounds: firstly, evidence of violations of the principle of voluntariness, such as audio and video recordings, chat records, and witness testimonies of coercion and induced signatures; secondly, evidence of major misunderstandings, such as key medical records that were not available at the time and misunderstandings of compensation items; thirdly, evidence of grossly unfair compensation, such as the huge disparity between the compensation standards for similar cases and the appraisal opinions and the amount of the agreement; fourthly, evidence of fraud, such as the hospital concealing the medical treatment mistakes in the altered medical records. The evidence should form a timeline and corresponding relationships, and if necessary, apply to the court to retrieve the original medical records.

Q3: How much does it cost to file a lawsuit to revoke a mediation agreement?

The case acceptance fee is paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), and is cumulatively paid in stages based on the amount of the litigation subject (usually the difference in the amount of compensation in dispute); the higher the subject of the request for revocation, the higher the fee will be. Lawyer's fees are determined through negotiation between the law firm and the client, and there is no unified government pricing. If the application for revocation of the mediation agreement is rejected after judicial confirmation, the party may also be required to bear the reasonable expenses of the other party. Before entrusting, it is recommended to calculate the litigation costs and the revocable benefits together to avoid losing more than gaining.

Q4: Within what timeframe must a request to revoke a mediation agreement be submitted?

The exercise period of the right of revocation is one year, calculated from the date when the party concerned knows or should have known the grounds for revocation. If the right of revocation is exercised beyond the time limit, the court will no longer protect it. This one-year period is a preclusive period and does not apply to suspension or interruption, which is different from the statute of limitations. If the mediation agreement has been legally confirmed, it should be claimed within the time limit prescribed by law. In practice, the later the grounds are discovered after signing the agreement, the faster you should collect evidence and sue within one year, and never miss the deadline by waiting.

Q5: Are the rules for revoking a settlement the same for mediation by the Medical Dispute Mediation Committee and court mediation?

It's different. The key point is the enforceability. Before being legally confirmed, the mediation agreement reached by the Medical Mediation Committee is a civil contract, and if either party wants to withdraw from it, they need to file a lawsuit to request its revocation. After being legally confirmed, it has enforceability. The "Civil Mediation Agreement" reached by the court, once signed and received by both parties, has the same legal effect as a judgment. It's not possible to simply withdraw from it, and the only remedies available are through extraordinary procedures such as retrial. Therefore, it's essential to distinguish between the "Mediation Agreement of the Medical Mediation Committee" and the "Court Mediation Agreement" before signing. The former offers relatively more remedial options, while the latter is almost final and binding. When dealing with medical dispute mediation, it's recommended to consult a professional lawyer for an assessment first. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

The above content is based on the 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 for specific cases.

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 Yu Wei·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.