Can I sue if mediation fails to perform?
There is no need to re-prosecute. If the defendant fails to perform the obligations specified in the conciliation statement, the plaintiff may apply to the court for enforcement, and the conciliation statement has the same legal effect as the judgment.
The plaintiff should write an application for enforcement, bring an ID card and a conciliation statement, and ask the judge to write an effective certificate to do the enforcement case.
Legal consequences of not implementing mediation in civil litigation
The legal consequences of not fulfilling the effective judgment are:
1. Item 1, Paragraph 6, Article 102 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a person refuses to perform a legally effective judgment or ruling of the people's court, the people's court may impose a fine or detention according to the seriousness of the case, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
2. Article 232 of the Civil Procedure Law stipulates: "If the person subjected to execution fails to perform the obligation of paying money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance. "
3. Article 313th of the Criminal Law of People's Republic of China (PRC) stipulates that whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
In other words, the consequences of non-performance of the effective court judgment include bearing the execution expenses, paying double interest on the debts during the delay or delay, being fined or detained, and even being investigated for criminal responsibility if the circumstances are serious.
A legally effective judgment, ruling or conciliation statement is legally binding and the parties must perform it. If one party refuses to perform, the other party may apply to the people's court where the person subjected to execution has his domicile or where the property subjected to execution is located.
If it still fails to perform after being notified, the people's court may take enforcement measures.
In the process of compulsory execution, if the person subjected to execution refuses to execute, or even obstructs execution by means of violence or threats, the people's court may, in accordance with the provisions of Article 102 of the Civil Procedure Law and Article 157 of the Criminal Law, impose a fine or detention on him until he is sentenced to fixed-term imprisonment of not more than three years, criminal detention, fine or deprivation of political rights.
Regarding the time limit for applying for execution, Article 2 19 of the Civil Procedure Law stipulates: if both parties or one party is a citizen, it is one year; If both parties are legal persons or other organizations, it is 6 months. The time limit for applying for execution is calculated from the last day of the performance period stipulated in the legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each specified performance period.
How to determine the jurisdiction of mediation?
Mediation is a mediation legal document made by the people's court in the trial of civil cases on the basis of the willingness of both parties, on the basis of clear facts and clear rights and obligations, and on the premise that the contents of the mediation agreement do not violate the legal provisions. It is one of the legal basis for the people's court to enforce it.
In order to better protect the rights of the parties and facilitate the realization of creditor's rights, the newly revised Civil Procedure Law amended the jurisdiction clause to read: "The legally effective civil judgments and rulings, as well as the property part in criminal judgments and rulings, shall be executed by the court of first instance or the court at the same level as the court of first instance." According to this provision, the judgments and rulings made by the people's courts are under the jurisdiction of the court of first instance and the court of the place where the property is executed at the same level as the court of first instance, and the application executor can choose freely between these two types of courts.
We should also have a broad understanding of the jurisdiction over the execution of the conciliation statement: the conciliation statement is not only a legal document other than a civil judgment or ruling, but also can be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located; It can also be regarded as the basis for execution with the same legal effect as the effective judgment, and shall be executed by the court of first instance or the court at the same level as the court of first instance where the property to be executed is located. If the parties apply to the above-mentioned people's courts for execution respectively, the people's court that first accepted the application shall execute it.
Can I sue if mediation fails to perform? When one party fails to perform after signing a mediation agreement, the other party can completely pursue the other party's legal responsibility and demand corresponding compensation according to the contents of the mediation agreement. When the other party fails to perform the mediation agreement, it is best to ask the lawyer for more details. There are many professionals in the world who can help you.