From 22 April 2025, a major procedural shift has taken place in the Gauteng Division of the High Court: mediation is now mandatory in all civil trial matters before a trial date will be granted. The change, directed by Honourable Justice Mlambo, aims to address the staggering backlog in trial dates currently extending as far out as 2031.
The heart of this development lies in the right of access to justice. With waiting periods reaching six years or more, litigants are being denied meaningful access to courts, contrary to Section 34 of the Constitution. Court-annexed mediation is seen as a necessary step to resolve disputes faster, more affordably and with greater efficiency.
Here’s what it means in practice:
For any civil matter where a trial date is being sought, parties must first attempt mediation. A qualified mediator must be appointed and must submit a report to the Registrar. Only once this report confirms that mediation has failed, can a trial date be issued.
Special transitional provisions apply to Road Accident Fund (RAF) matters:
- Trial dates for RAF matters up to 22 June 2025 remain unaffected.
- Cases set down between 22 June and 31 December 2025 may proceed but a mediator’s report must be filed 7 court days before the hearing.
- All trial dates for RAF matters from 1 January 2026 onwards have been withdrawn. New trial dates must be applied for following mediation.
Non-RAF civil matters scheduled in 2025 are still secure. However, cases with 2026 trial dates must submit mediator reports 30 court days before the hearing or risk being struck from the roll.
Importantly, mediator fees are shared by both parties. For legal practitioners, this underscores the urgency of engaging with accredited mediators as early as possible to prevent delays.
While a constitutional challenge to this directive is currently before the courts, it remains in force. Accordingly, practitioners must comply with the mediation process in the interim to preserve their clients’ litigation rights.
Business leaders should take note. If your organisation is involved in litigation or may be in future, this development affects timelines, legal strategy and costs. Now is the time to speak to your legal team about proactive mediation planning and to reassess how disputes are managed internally.
A shift towards collaboration over confrontation
The shift to mandatory mediation is more than a procedural adjustment. It reflects a cultural change in dispute resolution: moving from adversarial litigation toward a more collaborative and efficient process.
While litigation has traditionally followed an adversarial path, the growing emphasis on mediation reflects a broader evolution. Mediation creates a more collaborative environment, where parties are encouraged to engage constructively, seek common ground and find workable solutions. This not only preserves business relationships that might otherwise be damaged through protracted litigation but also allows for outcomes that are often more flexible and creative than those imposed by a court.
Beyond preserving goodwill, mediation offers significant efficiencies. It is typically faster and less costly than going to trial, which can be especially valuable for businesses trying to manage risk, maintain cash flow or avoid reputational exposure. Instead of waiting years for a court date, parties can resolve disputes within weeks or months, freeing up resources and leadership attention to focus on core operations. In many cases, the shift from confrontation to collaboration not only produces better outcomes but also contributes to a more resilient and forward-looking business culture.
Final words
Mandatory mediation in the Gauteng Division of the High Court marks a significant shift in how civil matters will be handled going forward. For business leaders and legal teams, this development cannot be treated as a procedural formality. It is now a critical step that directly affects litigation timelines, costs and outcomes.
While the constitutional validity of the directive may still be tested, it remains binding for now and non-compliance will have serious consequences. The best approach is to plan ahead, engage with accredited mediators early and adjust internal litigation strategies.