Mandatory mediation at Gauteng High Court: What you need to know

Kobus de Beer, co-founder and Director at DBM Attorneys

The mandatory mediation directive is only applicable to civil trials in the Gauteng Division of the High Court.

The reason behind the directive is to ensure that matters with real, triable issues are timeously heard before a judge. The statistics show that matters are being settled on the doorsteps of the court, and as a result desirable, triable issues get caught up in a congested court roll and are being denied access to courts.

The directive will be implemented as set out in the guidelines of the Mediation Protocol for the Gauteng Division.

How does the mandatory mediation directive work?

The procedure for civil trials is divided into two periods. The first is a transitional period from the issuing of this directive until the end of 2026. The second period starts in 2027.

The transitional period is further divided into litigation against the Road Accident Fund (RAF) and all other categories of matters.

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RAF matters

All matters set down against the RAF until the end of 2025 will remain on the trial roll, subject to the availability of a mediator’s report seven days prior to the trial date, failing which the matter will be struck from the roll with no order as to cost.

All matters on the trial roll set down against the RAF in 2026 are withdrawn and will be required, in terms of this directive, to seek a new trial date accompanied by a mediator’s report as per the protocol to the directive.

Non-RAF matters

Other matters that have already been allocated a trial date shall remain on the trial roll for 2025. Matters where the trial date is allocated in 2026 shall remain on the trial roll subject to the availability of a mediator’s report and presented to the civil trial registrar, failing which the matter will be removed from the trial roll with no order as to cost.

All matters set down from 1 January 2027 onwards are withdrawn with the effect of the directive. No matter will be issued with a new trial date unless the application for a trial date is accompanied by a mediator’s report, as provided for in terms of the protocol.

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Key takeaways

The move to mandatory mediation is a major step towards streamlining civil litigation in the Gauteng Division. It encourages parties to resolve disputes earlier and helps free up the courts for matters that truly need a judge’s attention.

While the process adds a new layer to case preparation, it can save time, money, and stress in the long run. Anyone involved in civil litigation should make sure they understand how the directive applies to their matter and get advice from a lawyer before proceeding.