🚨 New Era of Justice: Mandatory Mediation Begins
- Mediation Academy
- 3 days ago
- 2 min read
Updated: 2 days ago
On 22 April 2025, the Gauteng Division of the High Court ushered in a bold reform: mandatory mediation in civil trials. Earlier this week a revised directive was issued.
🔎 Why This Matters
Issued under the Superior Courts Act and the Constitution, the Directive ensures that only cases truly needing a judge make it to trial. Mediation becomes a legal checkpoint—no mediation, no trial date.
🗓️ Key Implementation Dates
22 April 2025: Directive comes into force.
1 January 2027: All existing trial dates are withdrawn. Fresh enrolments require mediation compliance and will be prioritised if previously enrolled.
🔄 Transitional Measures (2025–2026)
RAF Matters:
Trial dates in Term 2 of 2025 stand (with timely mediation reports).
From 2026 onward, all RAF trial dates withdrawn—mediation is mandatory.
RAF will contribute up to R15,000 per mediation session.
Other Cases:
2025 trial dates stand.
2026 dates are provisional and depend on mediation compliance.
🤝 Court-Annexed Mediation: How It Works
Applies to all civil trials, including commercial, family, personal injury, and delictual claims.
Mediations must follow Rule 41A of the Uniform Rules of Court.
Parties must serve an Initial or Amplified Rule 41A Notice with detailed case and mediation preferences.
🧑⚖️ Oversight & Administration
A Mediation Judge or Umpire may be appointed to resolve mediator disputes.
Mediations can be administered through:
Recognised Mediation Organisations (RMOs)
ADR Technology Group (TGS platform)
📋 Mediator Selection & Requirements
Mediators must:
Be certified by an RMO
Undergo at least 40 hours of accredited training
Comply with diversity and transformation goals
Mediators submit a report within 10 court days of mediation’s conclusion.
❌ Delinquent Parties Beware
Failure to comply may result in:
Contempt findings
Punitive cost orders
Referral of legal practitioners to the Legal Practice Council
📑 Templates & Reporting
Standard templates for:
Mediator’s Report (outcome summary)
Joint Minute (confirmation of process)
RMOs and administrators must submit quarterly reports on success rates, challenges, and outcomes to the Judge President.
📚 Recognised Mediation Organisations (RMO)
The Directive lists a number of accredited RMOs including:
These organisations uphold professional standards and ensure mediator accountability.
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