National Mediation Rollout Backed by Judge President Mlambo

Mandatory mediation may soon become the new standard for resolving civil disputes in South Africa. During a recent interview with the Judicial Service Commission (JSC), Judge President Dunstan Mlambo expressed strong support for expanding compulsory mediation beyond Gauteng to courts across the country. With the success of court-annexed mediation in South Africa, the proposal signals a significant shift toward more efficient, cost-effective justice.

Gauteng High Court

What Is Mandatory Mediation?

Mandatory mediation is a legal requirement for disputing parties to attempt mediation before proceeding with litigation. Rather than being a voluntary alternative, it becomes a compulsory mediation step — often saving time, reducing costs, and improving access to justice.

This concept has already taken root in the Gauteng High Court through a directive from Judge President Mlambo, where parties are encouraged to resolve matters through court-annexed mediation before trials begin. The directive aligns with Rule 41A of the Uniform Rules of Court, which already requires parties to declare whether they have considered mediation.

To learn more about how these court-linked processes work, read our full breakdown of the New Court-Annexed Mediation Rules in Gauteng.

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Judge President Dunstan Mlambo's Proposal

In his JSC interview, Judge President Mlambo confirmed his intention to formally propose the national expansion of the Gauteng mediation directive. When asked by Chief Justice Mandisa Maya if he would support a broader rollout, his response was unequivocal:

“I would request the Chief Justice to get the heads of courts to wrap their heads around and see how we can extend the ambit of a directive of this nature, or even improve it to apply it to other divisions,” he said.

Mlambo is currently a leading contender for the role of Deputy Chief Justice, competing with Judge Presidents Cagney Musi and Pule Tlaletsi. His commitment to mandatory mediation reflects a larger vision to reform South Africa's overburdened legal system.

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Why Mandatory Mediation Matters

Civil courts in South Africa face mounting backlogs and limited judicial resources. Compulsory mediation offers a solution:

• Reduces court delays

  
  

• Minimises legal costs for the public

  
  

• Encourages early settlement

  
  

• Promotes amicable outcomes

  
  

A widespread rollout of court-annexed mediation in South Africa could significantly reduce pressure on High Courts and magistrates’ courts alike. It also supports the goals outlined in Why Mediation Is the Future of Family Law in South Africa.

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The Legal Framework for a National Rollout

A Bill is currently being developed by the South African Law Reform Commission under retired Justice Chris Jafta. This legislation would:

• Provide a structured framework for mandatory mediation

  
  

• Standardise court-annexed mediation procedures

  
  

• Align with Rule 41A compliance

  
  

• Expand the role of accredited mediators nationwide

  
  

This effort could solidify mediation as a first step in civil litigation, not just an optional route.

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Opportunities for Trained Mediators

As mandatory mediation becomes standard in more court divisions, the demand for qualified mediators will grow. This is a clear opportunity for:

• Legal professionals looking to diversify

  
  

• Social workers and HR specialists

  
  

• Individuals trained in conflict resolution

  
  

Explore our full step-by-step guide to becoming a certified mediator in South Africa to prepare for this shift.

For more insights and developments in the field, check out the Mediation Academy SA News Page.

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FAQ (Frequently Asked Questions)

What is compulsory mediation?

It’s a legal requirement to attempt mediation before taking a case to trial. This process promotes quicker, more affordable resolutions.

Who supports the national rollout?

Judge President Dunstan Mlambo is spearheading the proposal, with support from legal reform bodies.

Will I need to become accredited to participate?

Yes. All mediators must undergo accredited training to be recognised by the courts for court-annexed mediation in South Africa.

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South Africa is moving toward a future where mediation is no longer optional — it’s the first step.

Start your journey as a recognised mediator today.

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Published: 4 July 2025

Publisher: Mediation Academy SA

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