[Direct answer]Yes, the arbitration mediation document will take effect once it is signed and accepted by both parties. If one party fails to fulfill its obligations, the other party may directly apply to the people's court for enforcement without the need for further litigation. The mediation document is prepared by the arbitration tribunal based on the agreement between the parties, stating the arbitration request and the result of the agreement. It shall be signed by the arbitrators and stamped with the seal of the arbitration committee, and served to both parties for their signature. If either party withdraws their agreement before signing the document, the arbitration tribunal shall promptly make a ruling. Unlike the arbitration award, the mediation document cannot be litigated against, appealed against, or subject to the procedure of application for revocation by the employer within 30 days. Once it takes effect, it becomes a legal document that can be enforced by the court, just like the arbitration award. The enforcement period is two years, starting from the last day of the performance period.

I. Problem Background and Typical Scenarios

Treating the arbitration mediation agreement as a letter of intent is the most common misunderstanding that leads to losses after signing. Some workers believe that the company will negotiate further after signing, but fail to follow up afterward. Only when the company neither makes payments nor arranges positions do they realize that the document has already taken effect and can proceed directly to the enforcement process. Some companies also use mediation as a delaying tactic, refusing to fulfill their obligations after signing by citing reasons such as unapproved payments or leadership changes. There are four common scenarios. First, the mediation agreement only specifies the payment amount but not the payment date or the receiving account. The company uses the lack of a fixed deadline as an excuse to delay payment. Second, if the parties agree to pay in installments, the worker mistakenly believes that the entire document has been fulfilled after the first installment arrives, and fails to record the overdue payments separately for the subsequent installments. Third, if one party changes their mind before signing, the other party may apply for enforcement with the mediation agreement that has not yet taken effect, only to be rejected by the court registry. Fourth, the mediation agreement includes not only monetary payments but also obligations such as issuing a certificate of termination of the labor contract, transferring the employee's files and social insurance relationships, and restoring the labor relationship. However, only the monetary amount is declared during enforcement, and the other items are overlooked. Another common confusion: while both the mediation agreement and the arbitration award can serve as enforcement grounds, the arbitration award has a 15-day appeal period, while the mediation agreement does not. Signing the agreement immediately finalizes the outcome. It's far more effective to read the terms clause by clause before signing than to repeatedly urge for enforcement afterward.

II. Key points of contention

The smooth implementation of a mediation agreement often hinges on six key points of contention. First, the effective date of the agreement. Arbitration awards become effective upon their issuance or upon the expiration of the litigation period, while mediation agreements require both parties to sign and accept them as a condition of their effectiveness. If either party retracts their acceptance before signing, the arbitration tribunal shall promptly issue a ruling declaring the mediation agreement null and void. Second, the remedial path. After a mediation agreement takes effect, parties cannot file lawsuits or appeal against it, and employers cannot apply to the intermediate people's court for its revocation as they can with final arbitral awards. If the other party fails to perform its obligations, the only regular remedy is to apply for enforcement. However, enforcement objections or non-enforcement procedures may only be invoked under limited circumstances, such as when the mediation violates the principle of voluntariness or the agreement violates mandatory legal provisions. Third, the review of the enforcement basis. When the court registers the case, it will verify whether the mediation agreement was prepared by the arbitration tribunal, whether it bears the signatures of the arbitrators and the arbitration committee's stamp, whether both parties have signed it, and whether the payment terms are clear. Fourth, the handling of unclear payment terms. Agreements that merely state "resolving the dispute through consultation" or "paying as soon as possible" without specifying the amount or deadline may be required to be supplemented or verified through other means, making it difficult to calculate the amount directly during enforcement. Fifth, the calculation of the two-year enforcement period. The period begins on the last day of the performance period, with installment payments counting from the last day of each installment. If no performance period is specified, the period begins on the date of the agreement's effectiveness, and the rules on suspension and interruption of the enforcement period apply. Sixth, the connection with arbitration awards. If the same case concludes with some claims resolved through mediation and others through arbitration, the effective dates of the two documents differ, and the enforcement and litigation periods must be calculated separately rather than consolidated into a single period.

III. Professional analysis by Hengluo Lawyers

When reviewing the mediation agreement, Beijing Hengluo Law Firm usually checks three aspects first: whether the signatures or stamps of both parties are on the receipt page, whether the main text clearly states the amount and payment date, and whether there are any additional conditions stipulating that the agreement takes effect upon receipt. Only when all three aspects are complete will the firm proceed with enforcement. If any of the three aspects is missing, the firm will first return the agreement to the arbitration committee for correction or request the issuance of a certificate of effectiveness.

The following labor dispute involving illegal termination of employment, which was handled by our firm, was resolved through arbitration, but it shed light on what should be included in a mediation agreement. The question of whether an employee can claim compensation after being suddenly dismissed for being late to work for 11 years is frequently searched for by workers, along with related terms such as "compensation standards for company dismissals," "number of tardy absences required for dismissal," "calculation of compensation for illegal termination of labor contracts," and "evidence required for arbitration." Li * joined the company on April 24, 2014, as a development engineer, and signed a labor contract with a monthly salary of 5,000 yuan in basic pay, 8,400 yuan in position pay, and 3,400 yuan in performance pay. His salary was paid via bank transfer on the 10th of each month. His average monthly salary over the past 12 months was 17,314.42 yuan. He worked until September 9, 2025, when A Company dismissed him for multiple tardy attendance violations, serious breaches of attendance management systems, and employee handbook violations. As a long-serving employee, Li * disputed the dismissal grounds, arguing that he had not committed serious attendance violations and that the dismissal was illegal. To protect his rights, Li * engaged Hengluo Law Firm to represent him in labor arbitration and raised two core claims: (1) requiring A Company to pay 402,691.82 yuan in compensation for illegal termination of labor contracts; and (2) requiring A Company to issue a termination certificate. The Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission reviewed the parties' evidence and fully accepted the lawyer's arguments, ruling that A Company's attendance and leave management regulations did not explicitly specify gate attendance records as attendance standards, that the gate attendance records lacked Li *'s confirmation and were of questionable authenticity, and that the company failed to fulfill its obligation to provide prudent warnings and management regarding attendance violations. Therefore, the arbitration panel disregarded A Company's allegations of Li *'s serious attendance violations and determined the dismissal as illegal in accordance with Article 48 and Article 87 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012 and implemented on July 1, 2013). Based on Li *'s 11.5-year work tenure and average monthly salary of 17,314.42 yuan, the arbitration panel ordered A Company to pay 398,231.66 yuan (17,314.42 yuan × 11.5 × 2) in compensation. Regarding the termination certificate, the arbitration panel ruled that A Company must issue a termination certificate in accordance with Article 50 (1) of the Labor Contract Law. The request for compensation exceeding legal standards was rejected. The final ruling requires A Software Co., Ltd. to pay Li * 398,231.66 yuan in compensation for illegal termination of labor contracts within five days of the ruling's effectiveness and to issue a termination certificate. All of Li *'s core arbitration claims were fully supported. This case was handled by Attorney Tian Jiaoyan of Beijing Hengluo Law Firm (practice license number: 11101202111381309, subject to the certificate issued by the judicial administrative authority).If the case had been settled through mediation at the outset, the three items—the compensation of 398,231.66 yuan, the payment within five days, and the issuance of a certificate of termination of the labor contract—would all have been included in the main text of the mediation agreement. After both parties signed it, the agreement would have taken effect immediately. If the employer failed to fulfill its obligations, the plaintiff could directly apply for enforcement. Conversely, if the payment date and the issuance of the certificate were not specified in the main text, an additional round of rectification would be required during the enforcement stage.

IV. Practical Suggestions and Legal Basis

At the legal level, the "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" (implemented on May 1, 2008) stipulates that the arbitration tribunal shall first conduct mediation, prepare and issue the mediation agreement, and have both parties sign and accept it to take effect. If one party withdraws their consent before signing the agreement, the arbitration tribunal shall make a timely ruling; the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and implemented on January 1, 2024) stipulates the jurisdiction of enforcement of effective legal documents, the two-year period for applying for enforcement, and measures such as inquiry, freezing, and transfer of funds; the "Method for Payment of Litigation Fees" (implemented on April 1, 2007) specifies that the enforcement application fee shall be paid after enforcement and be borne by the defendant; the "Law of the People's Republic of China on Labor Contracts" (amended on December 28, 2012 and implemented on July 1, 2013) serves as the substantive basis for compensation, issuance of the certificate of termination of the labor contract, and transfer of the employee's file and social insurance relationship; and the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011) is used to calculate the disability compensation items in the mediation of work-related injuries. Operationally, it is recommended to follow four steps: First, before signing the agreement, check the main content item by item, and specify the amount in both Chinese characters and Arabic numerals. The payment date should be specified to the exact day, and the receiving account should include the account name, the opening bank, and the account number; Second, separate the obligations of issuing the certificate of termination of the labor contract, transferring the employee's file and social insurance relationship, and restoring the labor relationship from the monetary payment; Third, on the day of receiving the mediation agreement, copy and sign the receipt page and file the original separately. If the payment date has not arrived after the due date, apply for enforcement immediately; Fourth, if the parties agree to pay in installments, set reminders for each installment and check them one by one during the two-year period. Do not wait until all of them are overdue to calculate them together. If the unit proposes to offset the debt with physical assets or defer payment, a written supplementary agreement shall be signed.

5. Henglu Law Firm's Advice

Before signing the mediation agreement, the most important thing is to clarify how to fulfill the obligations. Common pitfalls include only writing the total amount without specifying the payment date, or only writing the payment of compensation while omitting the issuance of the certificate of termination of the labor contract and the transfer of the personnel file and social insurance relationship. As a result, the money may have been transferred, but the resignation procedures are still stuck, and the worker still has to go through the process again. It is recommended to confirm three things on the spot when signing: whether each item in the main text has a clear amount or clear actions, whether the payment deadline is specified to a specific date, and whether the signing pages of both parties are complete. Secondly, do not use the copy of the mediation agreement as the original. When applying for enforcement, the court will check the original and the service certificate, and photos and forwarded documents cannot replace them. Thirdly, if the unit fails to pay on time, first send a written reminder and keep the delivery certificate. This can not only fix the fact of non-performance, but also may constitute an interruption during the application for enforcement. Finally, after the mediation agreement takes effect, you cannot sue or appeal for the same dispute anymore. If you cannot reach an agreement on the terms, do not force yourself to sign it. You can ask the arbitration tribunal to make a ruling in time and retain the remedial space of the 15-day litigation period. If you need professional teams to connect the mediation terms with the enforcement process, you can refer to it.Arbitration mediation and work-related injury compensationService Description.

VI. Frequently Asked Questions

Q1: The two parties have signed the arbitration mediation agreement, but the unit later changed its mind. Do they still need to file a lawsuit again?

There is no need for further litigation, and there is no appeal. According to the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" (effective May 1, 2008), the arbitration tribunal may first conduct mediation before making a ruling. If an agreement is reached through mediation, a mediation agreement shall be prepared, and the mediation agreement shall take effect after being signed by both parties. If either party retracts their agreement before signing the mediation agreement, the arbitration tribunal shall make a ruling promptly. If the unit refuses to agree after signing the mediation agreement, it constitutes a failure to perform a legally effective document, and the worker may directly apply for enforcement according to the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021, and effective January 1, 2024). It should be noted that the mediation agreement cannot be litigated within 15 days like a non-final award, and it is not subject to the procedure of application for revocation by the employer within 30 days. If the employer wants to overturn the decision, they can only raise objections to the enforcement on the grounds that the mediation violates the principle of voluntariness or that the content of the agreement is illegal, which is much more difficult than litigation. If the Li case had been concluded through mediation, the compensation of 398,231.66 yuan and the issuance of the certificate of termination of the labor contract would have been included in the main text, and the mediation agreement could have been used as the basis for enforcement after being signed.

Q2: When applying for the registration of a compulsory execution case, which original mediation document and which effective document should be submitted?

In addition to the original mediation agreement, three sets of supporting documents are required. First, the delivery receipt or signing page signed by both parties, which proves that the mediation agreement has taken effect. This is the most distinct difference from the arbitration award. Second, the effectiveness certificate or document delivery certificate issued by the arbitration committee, which some court registration windows will require separately. Third, the application for enforcement, which specifies the enforcement basis, the amount of payment, the payment deadline, the full name of the debtor, and the clues to the debtor's assets. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), the application for enforcement shall submit the application for enforcement, a copy of the effective legal document, and the identity certificate of the applicant for enforcement. If the main text of the mediation agreement simultaneously stipulates the payment of compensation and the issuance of a certificate of termination of the labor contract, these two items should be listed separately. In the final arbitration award of the Li case, A Software Co., Ltd. shall pay 398,231.66 yuan and issue a certificate of termination of the labor contract within five days from the date the award takes effect. Such combinations of monetary obligations and actions should also be listed item by item when writing into the mediation agreement.

Q3: For the mediation case where the agreed payment is 398,231.66 yuan, how does the lawyer charge based on the proportion of the subject matter?

The attorney's fees are not subject to government unified pricing. A percentage of the litigation amount is one of the common methods of charging fees, but mediation cases are usually more cost-effective than litigation. According to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), the enforcement application fee is paid after the enforcement, and it is borne by the respondent. Applicants generally do not pay it in advance when filing a case; the real expenses are the attorney's fees, which are charged on a per-case basis, as a percentage of the litigation amount, or on an hourly basis, subject to the provisions of the agency contract. When negotiating a percentage based on the base amount of 398,231.66 yuan, it is recommended to first clarify whether the percentage includes the enforcement stage and whether it is calculated in stages based on the amount received during the installment performance. The two core claims raised in Li's case are to pay the compensation for the illegal termination of the labor contract of 402,691.82 yuan and to issue a certificate of termination of the labor contract. The arbitration committee ultimately supported the compensation of 398,231.66 yuan and rejected the requests exceeding the statutory standards. If the case is settled through mediation, the amount will be determined by the parties within the statutory limits, and the base amount of the attorney's fees will also change according to the mediation result. Before signing the contract, it is necessary to clarify the stages, percentages, and whether travel expenses are included in detail.

Q4: Once the payment date specified in the mediation agreement has passed, when does the two-year enforcement application period start to count from?

The two-year time limit for performance begins from the last day of the performance period specified in the mediation agreement, rather than from the date of receipt. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document; if the performance is scheduled in installments, it is calculated from the last day of each performance period; if no performance period is specified, it is calculated from the date the legal document takes effect, and the provisions on suspension and interruption of the statute of limitations apply. This is also the reason why it's essential to specify the payment date when signing the mediation agreement: if it's just written as "pay as soon as possible", the starting point of the time limit may easily lead to disputes. If the unit verbally promises to pay next month or in two installments, it's best to formalize it in a written supplementary agreement. Each written confirmation may constitute an interruption. If the unit still fails to pay after the mediation agreement takes effect, don't wait until the two-year time limit has passed to take action. The earlier you apply, the easier it will be to track down the bank account and real estate.

Q5: On the day of signing the receipt, should I first check the payment account, and then keep which copy of the delivery receipt?

First, check the receiving account and payment date specified in the mediation agreement, and then file the original of the service receipt separately. According to the "Mediation and Arbitration Law of Labor Disputes in the People's Republic of China" (effective May 1, 2008), the mediation agreement takes effect only after both parties sign and receive it. The signing date on the service receipt is both the effective date and one of the benchmarks for subsequent verification during the two-year enforcement period. Copies and photos cannot replace the original. On the same day, you should also take photos of the entire mediation agreement page by page, keep the other party's signing page separately, and check whether the main text fully includes obligations such as the amount, payment date, and issuance of a certificate of termination of the labor contract. The reminders given in the evidence aspect of the Li * case also apply: The gatekeeper records submitted by Company A were not confirmed by Li * and their authenticity was questionable. The arbitration committee did not accept its claim of attendance violation, indicating that the original and signature of signing and confirmation documents should be as clear as possible. Check the account name, opening bank, and account number three times to ensure that the unit cannot use the excuse of "typing the wrong account" to delay performance.

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.