Focus on Mandatory Mediation for Civil Litigation
The Gauteng Division of the High Court has implemented mandatory mediation for all civil trial matters as of 22 April 2025. This step was introduced to address the critical backlog in civil trials, with court dates now being allocated as far ahead as 2031. As a result, all matters where a trial date is sought must first go through a court-annexed mediation process. A mediator’s report must be filed before a trial date can be issued.
Specific provisions have been made for Road Accident Fund (RAF) matters, with only a limited number of existing trial dates remaining valid without mediation. From 2026 onwards, all RAF matters must comply with the new mediation requirement.
This shift represents more than a procedural change, it reflects a broader move towards resolution through negotiation, aiming to preserve access to justice, save time and reduce costs. A constitutional challenge to the directive is currently pending, but the directive remains binding for now.
Businesses involved in litigation need to adapt quickly. Engaging with legal teams and accredited mediators early is essential to avoid costly delays and ensure compliance with the new court processes.
In the video below, Lizelle Marx unpacks the impact of mandatory mediation on civil litigation matters and what this means for you.
Is mediation now compulsory for all civil trials in Gauteng?
Are Road Accident Fund (RAF) matters affected?
Yes, but with transitional rules. Matters already set down up to 22 June 2025 may proceed. Later dates require mediator reports and those from 2026 onwards must reapply for trial dates post-mediation.
What happens if the mediator’s report is not submitted on time?
The matter will be struck from the trial roll with no costs order, meaning lost time and additional expense.
Who pays the mediator’s fees?
Mediator costs are shared equally between the parties involved in the civil matter.
Is the directive being challenged legally?
Yes, an urgent application to declare it invalid is pending before the Constitutional Court. However, the directive remains in force and must be followed until the outcome is confirmed.
In-depth Analysis:
What mandatory mediation means for civil litigation
By Lizelle Marx