📢New Court-Annexed Mediation Rules in Gauteng –What You Need to Know
- Mediation Academy
- Apr 23
- 3 min read
Updated: 7 days ago
Court-annexed mediation South Africa has entered a new phase of implementation with the Gauteng Division's updated mediation protocol. Under the latest court annexed-mediation rules, all civil disputes—including commercial, delictual, family, and personal injury claims—must go through mediation before a trial date is allocated.
This protocol enforces a structured, tech-supported, and mandatory framework aimed at reducing litigation backlogs, promoting quicker resolutions, and making justice more accessible and affordable.
🔍 What the Court Annexed-Mediation Rules Enforce
The new court-annexed mediation rules standardize how mediation is handled in Gauteng courts. Here are the key elements:
✅ Mandatory Mediation Before Trial
All civil matters, including Road Accident Fund (RAF) and Health MEC claims, must undergo mediation prior to trial scheduling.
✅ Standardised Process
A unified framework governs how mediation is initiated, managed, and concluded across both the Johannesburg and Pretoria High Courts.
✅ Rule 41A Compliance
No case proceeds without proof that mediation was attempted. The following are now mandatory:
Filing of Rule 41A notices
Submission of a Mediator’s Report
Documentation on CourtOnline
🧩 Key Components of Court-Annexed Mediation
✔️ Certified Mediators
Only qualified mediators from Recognised Mediation Organisations (RMOs) can facilitate court annexed mediation. They must meet strict training and ethical standards.
✔️ Digital Administration via TGS
Mediations are coordinated through the RMOs or the ADR Technology Group Software (TGS), ensuring streamlined communication and documentation.
✔️ Legal Enforcement and Penalties
Parties refusing to mediate may face:
Cost penalties
Loss of trial dates
Possible professional misconduct proceedings (for attorneys)
✔️ RAF Cooperation
The Road Accident Fund supports the mediation process by:
Funding mediation costs
Complying with structured reporting
Aiding administrative efficiency
⚙️ How the Court-Annexed Mediation Process Works
The mediation process is now standardised and trackable:
Start with Rule 41A Notices
Each party must file a notice indicating willingness to mediate.
Appointing a Mediator
If parties agree, they appoint one.
If not, an Umpire will do so.
Mediation Session & Filing Reports
The mediation is conducted (in person or online).
A Mediator’s Report and Joint Minute are filed on CourtOnline.
Settlement Court Enforcement
If successful, the settlement becomes a court order through the Settlement Court.
✅ Advantages of Court-Annexed Mediation
The many advantages of court-annexed mediation explain why it's now a core part of the justice system in South Africa:
Cost-Saving: Reduces expensive legal fees and administrative costs
Time-Efficient: Quicker than traditional litigation
Less Adversarial: Encourages cooperation, not conflict
Private & Confidential: Ideal for sensitive matters
Preserves Relationships: Maintains harmony in family or business disputes
Empowering: Lets parties control the outcome instead of relying on a judge
📈 Tracking and Monitoring
Every court-annexed mediation outcome is:
Logged in quarterly reports to the Judge President
Monitored for performance and compliance
Used to improve policy and implementation
This ensures long-term sustainability and transparency across the system.
🧾 Final Thoughts
The implementation of updated court-annexed mediation rules is a significant advancement for South Africa’s legal system. By formalising the process and enforcing participation, the courts are encouraging faster, fairer, and more cost-effective dispute resolution.
Whether you're a legal practitioner or an individual involved in a civil matter, understanding the advantages of court-annexed mediation can help you navigate your legal journey more efficiently.
Embrace court-annexed mediation South Africa as a powerful tool for resolving disputes with dignity, efficiency, and fairness.
📎 For full procedural details and mediator registration:
Or register as a mediator at gpp.adrdirectory.co.za
Read the Mediation Protocol below:
🎓 Want to Learn Mediation in South Africa?
If you're interested in becoming a certified mediator or deepening your knowledge of court annexed mediation, consider enrolling in our accredited Mediation Training Course.
👉 Explore the Mediation Academy of South Africa’s Courses
Gain hands-on experience, learn from industry experts, and become part of the growing field of alternative dispute resolution in South Africa.
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