The 10 most frequently asked questions about South Africa’s new mandatory Mediation Policy
- What exactly does the policy require?
From 22 April 2025, parties to civil matters in the Gauteng High Court must first attempt mediation under court‑annexed protocols. Only after obtaining a mediator’s report and certificate confirming completion may they be granted a trial date. This applies to commercial, delictual, family, and personal‑injury claims.
- Why has this policy been introduced?
The administration faces a staggering backlog; trial dates stretch into 2031, hampering access to justice . Since over 85 % of trials settle on the day, early mediation is seen as a means to streamline the court roll.
- Are all civil cases affected?
Yes – save for Road Accident Fund (RAF) matters, where mediation remains optional (though encouraged). RAF trial dates during the transitional phase have conditional allowances.
- What are the transitional timelines?
- 2025: Existing trial dates remain valid. RAF matters require mediator’s reports 7 court days prior; all other civil cases follow Rule 41A schedules.
- 2026: All RAF trials must include mediation certificates 30 court days beforehand. Other civil matters follow suit.
- From 1 January 2027: No trial date will be issued without a mediator’s report attached to the set‑down application.
- What if a party refuses to mediate?
Non-compliance may result in the case being struck from the trial roll, possible cost orders, and delays in rescheduling. Courts can order mediation via special interlocutory steps.
- What qualifications must a mediator have?
Mediators must be qualified professionals, accredited via reputable bodies like DiSAC, NABFAM, IMI, or CEDR, as per the Protocol . The court also provides a list of Recognised Mediation Organisations (“RMOs”) and online TGS platform options.
- How is mediation administered?
Two options exist:
- Via RMOs, selected by agreement.
- Through the ADR‑TG’s TGS online platform.
If parties disagree, an umpire judge intervenes to appoint a mediator.
- What is Rule 41A and how does it fit in?
Rule 41A of the Uniform Rules governs mediation. The policy requires amplified Rule 41A notices, stating agreement or opposition, mediator proposals, timeline settings, and the submission of a joint minute after mediation.
- Does this infringe our constitutional rights?
Concerns were voiced, but the judiciary maintains mediation is a procedural step that does not limit constitutional access to courts (Section 34). Judicial power is properly exercised under Section 173 and the Superior Courts Act.
- How will success be measured?
The judiciary will monitor:
- Number of cases resolved by mediation,
- Impact on backlog and trial lead‑times,
- Mediator efficacy and compliance with standards, and report these metrics to the Judge President.
This directive marks a bold reform in Gauteng’s civil justice landscape, shifting the focus from courtrooms to collaborative resolution. It promises faster outcomes, cost‐efficiency, and a court ready to deal with genuinely contested matters. Yet its success hinges on sufficient mediator capacity, robust administration, and collective buy-in from legal stakeholders.
For practitioners and litigants alike, the message is clear: prepare for mediation before trial. Align your cases with protocol, liaise with approved mediators, and approach litigation with both diligence and openness to resolution.