📢 New Mediation Protocol: Gauteng Division Court-Annexed Mediation Now in Effect
- Mediation Academy
- 5 hours ago
- 2 min read
Following the Mediation Directive issued by the Judge President, the Gauteng Division of the High Court has formally implemented a comprehensive Mediation Protocol—effective from April 2025. This initiative aims to streamline civil litigation, reduce trial backlogs, and foster a culture of resolution through dialogue.
🔍 What the Protocol Enforces:
Mandatory Mediation: All civil trials, including commercial, delictual, family, and personal injury claims (notably RAF and Health MEC matters), must undergo mediation before receiving a trial date.
Standardised Mediation Framework: Structured processes for initiating, managing, and concluding mediation across both Johannesburg and Pretoria courts.
Rule 41A Compliance: Amplified notices and mediator reports are now compulsory. Cases will not proceed without proof of attempted mediation.
🧩 Key Components:
Qualified Mediators Only: Mediators must be certified by Recognised Mediation Organisations (RMOs) and meet rigorous training and ethical standards.
ADR Tech Support: Mediations are administered via RMOs or the ADR-TG's Technology Group Software (TGS) platform for digital efficiency and oversight.
Enforcement and Sanctions: Non-cooperative parties may face cost penalties, loss of trial slots, or professional misconduct charges.
RAF-Specific Guidelines: RAF has pledged full support, contributing to mediator fees and agreeing to structured reporting and administrative compliance.
⚙️ How It Works:
Mediation is initiated via Rule 41A Notices.
A mediator is jointly selected or appointed by an Umpire if parties can't agree.
A Mediator’s Report and Joint Minute are filed post-mediation for CourtOnline tracking.
If successful, settlements can be made court orders via the Settlement Court.
📈 Tracking Outcomes:
All mediation outcomes are logged and reported quarterly to the Judge President.
Continuous monitoring ensures accountability and helps refine policy.
This protocol marks a significant step in improving access to justice, expediting case resolution, and preserving judicial resources.
📎 For full procedural details and mediator registration:
Or register as a mediator at gpp.adrdirectory.co.za
Read the Mediation Protocol below:
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