Summary of the October 2025 Updates to the Mandatory Mediation Directive
- Mediation Academy
- 6 days ago
- 4 min read
The Gauteng Division of the High Court has introduced several important updates to the Mandatory Mediation Directive and its accompanying Protocol, effective 27 October 2025. These updates strengthen the mediation-first approach across all civil trials and aim to ease the pressure on the trial roll while ensuring faster access to justice.
Below is a simple, clear breakdown of the changes — with the exact paragraph numbers as published in the amended Directive and Protocol.
1. Mediation Now Strictly Required Before Trial Dates
Directive para 13 | Protocol para 7.1A
A trial date will only be allocated once parties submit one of the following:
A Mediator’s Report, or
A Joint Minute / Umpire’s Direction confirming the matter is not capable of mediation (Protocol 7.1A)
No trial date will be issued without this. This closes loopholes and ensures mediation is genuinely attempted before enrolling matters on the civil trial roll.
2. Major Amendments Affecting RAF Matters
Directive paras 16.2.3, 17 and 17A | Protocol paras 4.9.2 and 4.9.3
RAF matters received extensive updates:
Para 17: All RAF trial dates for 2026 onward are withdrawn.
Para 16.2.3: For 2025 Term 3 & 4 matters, default judgment applications (where Protocol 4.9.2–4.9.3 steps were followed) must be placed on a separate, prioritised default judgment roll.
Para 17A: Default judgment applications must now be heard within 6 months of the withdrawn trial date.
These amendments streamline RAF litigation and prevent long delays caused by congested trial rolls.
3. New Deadlines for Civil Matters Set Down in 2026
Directive para 19.1 | Protocol para 7.1A
For all non-RAF civil matters with 2026 trial dates:
A Mediator’s Report (or Umpire direction per Protocol 7.1A) must be submitted
30 court days before the trial date
Non-compliant matters will be removed from the roll.
4. Stronger Sanctions for Parties Who Obstruct Mediation
Protocol para 4.9.3.2 | Related: Protocol 4.10.2.3
The amended Protocol significantly strengthens the enforcement mechanism:
If a party refuses to cooperate in mediation or fails to comply with a Special Interlocutory Court order:
The compliant party may enrol the case on the Default Judgment roll
The delinquent party may face contempt, striking out of a claim or defence, and punitive costs
Attorneys who obstruct the process risk professional misconduct findings (Protocol 4.10.2.3)
This places real consequences on those who attempt to bypass the mediation process.
5. Clarified Requirements for Cases Not Capable of Mediation
Protocol para 7.1A
This updated paragraph clarifies:
When a dispute is genuinely not capable of mediation, and
When the Umpire Judge may issue a direction or joint minute instead of requiring mediation.
This ensures consistency and fairness in exceptional cases.
6. Mediation Timeline Reinforced: 30-Day Completion Rule
Protocol para 4.8.6
Mediation must be completed within:
30 days of signing the Rule 41A joint minute,unless:
Parties extend in writing, or
A Judge provides authorisation.
This promotes fast, efficient dispute resolution.
To sum up...
These October 2025 updates strengthen the role of mediation as a core part of civil justice in the Gauteng Division. The revised rules ensure:
Faster enrolment of cases ready for trial
Fewer delays caused by avoidable litigation steps
Clearer accountability for parties who frustrate the process
Greater consistency between Pretoria and Johannesburg seats
A more streamlined, efficient pathway to justice for litigants
Mediation remains central in reducing backlogs and ensuring access to justice — and these amendments reinforce its importance more than ever.
Read the Newest Version of the Protocol
FAQS (Frequently Asked Questions)
Do I need mediation before a civil trial in Gauteng?
Yes. As of 27 October 2025, the Gauteng Division requires a Mediator’s Report or a Joint Minute / Umpire’s Direction confirming that mediation is not possible before a trial date can be scheduled.
How long does Rule 41A mediation take?
Mediation must be completed within 30 days of signing the Rule 41A joint minute, unless the parties agree in writing to an extension or a Judge grants authorisation.
What happens if a party obstructs mediation?
The non-cooperating party may face enrolment on the Default Judgment roll, contempt of court, striking out of claims or defences, and punitive costs. Attorneys who obstruct the process risk professional misconduct findings.
Are all RAF trial dates affected?
Yes. All RAF trial dates for 2026 are withdrawn. For 2025 Term 3 & 4 matters, default judgment applications must follow a prioritised process to prevent delays.
When can a case skip mediation?
If a dispute is genuinely not capable of mediation, the Umpire Judge may issue a direction or joint minute instead, ensuring fairness and consistency in exceptional cases.
How do these updates improve dispute resolution?
The updates enforce a mediation-first approach, streamline trial enrolment, reduce delays, and hold parties accountable for frustrating mediation, improving access to justice across Gauteng.
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Date published: 20 November 2025
Publisher: Mediation Academy SA
© 2025 Mediation Academy SA
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