Mandatory Mediation in Gauteng High Court: A Game-Changer for Civil Litigation
Key Features of the Mediation Protocol
Mandatory Mediation for Civil Cases
All civil trials (including commercial, personal injury, and family law disputes) must go through mediation before a trial date is granted.
A Mediator’s Report is required to prove compliance.
Trial Date Cancellations & New Requirements
Civil trials set beyond 1 January 2027 are cancelled.
To obtain a new trial date, parties must first complete the mediation process.
Special Rules for Road Accident Fund (RAF) Cases
The RAF has agreed to mediation, committing to contribute to mediator fees for one year.
Non-compliance will lead to case removals from the court roll.
Selection & Oversight of Mediators
Only qualified and accredited mediators can conduct court-annexed mediations.
Mediation Service Providers must adhere to minimum competency standards.
Enforcement & Compliance
Parties who refuse mediation without valid reasons risk adverse cost orders.
Legal practitioners obstructing mediation may face disciplinary action from the Legal Practice Council.
The Future of Litigation in Gauteng
With this protocol, the Gauteng High Court is prioritising efficiency, fairness, and transformation in legal processes. Mediation has proven successful worldwide, and this shift may reshape dispute resolution in South Africa.
Download the official documents below:
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