Legal analysis
According to the relevant laws and regulations, after the conciliation statement made by the people's court is delivered to the parties or becomes effective, it shows that both parties have reached a consensus on the disputed civil legal relationship and it has been confirmed by law. The original disputed legal relationship has evolved into an uncontroversial legal relationship. The obligee shall exercise his rights and the obligor shall perform his obligations according to law, and the parties shall not dispute this legal relationship again. This is the effectiveness of court mediation in substantive law. The parties voluntarily reach a mediation agreement under the auspices of the people's court. The mediation book and mediation record made by the people's court according to the mediation agreement are the legal confirmation of the mediation agreement of the parties. Therefore, the conciliation statement made by the people's court is served to the parties. After the conciliation statement comes into effect according to law, the disputes over civil rights and interests between the parties have been finally resolved in law, and the parties may not bring a lawsuit to the people's court on the same facts and reasons. This is the effectiveness of court mediation in procedural law. After the conciliation statement and specific conciliation record come into effect according to law, their legal effect is the same as that of the court's effective judgment, and the parties lose the right of appeal. If the parties have objections to the court's conciliation statement or conciliation statement, they cannot appeal. The mediation agreement was reached by both parties through full consultation on a voluntary and legal basis, and both parties were allowed to go back on their word before the mediation book was delivered and the mediation record came into effect according to law. Therefore, there is no legal appeal of the parties to the effective mediation book and mediation record. The mediation agreement was reached voluntarily by both parties under the auspices of the people's court. Under normal circumstances, all parties can consciously perform it. However, in judicial practice, some parties refused to perform the obligations stipulated in the mediation agreement, so the problem of enforcement appeared. According to the law, the mediation agreement contains payment, and if one party fails to perform the prescribed obligations, the other party has the right to apply to the people's court for compulsory execution.
legal ground
Article 236 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.