What to do if the mediation agreement is not executed
In real life, as a legal document, the mediation letter is enforceable. However, there are still some parties who refuse to perform the obligations stipulated in the mediation letter, resulting in damage to the rights and interests of the other party. So, how to deal with this situation? This article will give you detailed answers based on the hot topics and hot content on the Internet in the past 10 days.
1. The legal effect of the mediation letter
A mediation letter is a document produced by a court or mediation organization in accordance with the law and has the same legal effect as a judgment or ruling. According to the provisions of the Civil Procedure Law of the People's Republic of China, once the mediation letter is signed by both parties, it will become legally effective and the parties must perform it.
| Legal basis | content |
|---|---|
| Article 97 of the Civil Procedure Law | The mediation document becomes legally binding after it is signed by both parties. |
| Article 236 of the Civil Procedure Law | If one party refuses to perform the mediation letter, the other party may apply to the court for enforcement. |
2. Common reasons for not executing the mediation agreement
According to recent hot cases and data analysis, the reasons for not executing the mediation letter mainly focus on the following aspects:
| Reason type | Proportion | Typical cases |
|---|---|---|
| deliberate delay | 45% | In a debt dispute, the debtor delayed payment for various reasons |
| unable to perform | 30% | The business is in difficulty and cannot repay its debts on time |
| Dissatisfied with the outcome of the mediation | 15% | The parties believe that the mediation results are unfair and refuse to perform |
| other reasons | 10% | Including changes in contact information, malicious evasion, etc. |
3. Response measures if the mediation agreement is not implemented
When encountering a situation where the other party does not implement the mediation agreement, you can take the following steps to protect your own rights and interests:
1.Friendly consultation: First try to communicate with the other party to understand the reasons for non-performance and try to solve the problem through negotiation.
2.Apply for enforcement: If the negotiation fails, you can apply for compulsory execution to the People's Court that issued the mediation letter. When applying, you need to prepare the following materials:
| Material name | Remarks |
|---|---|
| Application for enforcement | The information of the applicant and the respondent needs to be stated |
| Original mediation letter | or a certified copy |
| Proof of identity | Copy of applicant’s ID card |
| Other evidence | Such as property clues, etc. |
3.Take protective measures: To prevent the other party from transferring property, you can apply for property preservation before execution.
4.Pursue legal responsibility: For those who have the ability to perform but refuse to perform, the court can ask the court to include them in the list of dishonest persons subject to execution, restrict high consumption, etc.
4. Things to note during implementation
1.Timeliness issue: The period for applying for compulsory execution is 2 years, calculated from the last day of the performance period specified in the mediation letter.
2.Execution fee: There is no need to pay fees in advance when applying for execution, and the execution costs shall be borne by the person subject to execution.
3.execution objection: If the person subject to execution has objections to the execution, he or she may file an application for execution objection.
5. Analysis of recent hot cases
Recently, a local court announced a typical case:
| Case name | Brief introduction to the case | Processing results |
|---|---|---|
| Loan dispute between Wang and Li | The mediation letter stipulated that Li should repay the loan in installments, but Li refused to fulfill it. | The court froze Li's bank account and included him on the list of dishonest people |
This case reminds us that the law has complete remedies for refusals to perform the mediation agreement, and parties concerned should actively use legal weapons to safeguard their rights and interests.
6. Suggestions on preventive measures
In order to avoid the difficulty of executing the mediation letter, it is recommended that:
1. Clarify the specific performance method and deadline during mediation;
2. Try to ask the other party to provide guarantee;
3. Keep relevant evidence materials;
4. Pay attention to the other party's performance in a timely manner.
In short, the mediation letter is legally enforceable. If the mediation letter is not performed, the rights holder can protect his or her legitimate rights and interests through legal channels. I hope this article is helpful to you. If you need further legal advice, it is recommended to seek help from a professional lawyer.
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