The Rush to Mandatory Mediation

Includes a 'free to use' summary of the Gauteng High Courts mandatory mediation directives and protocol which are effective from 22 April 2025

The Judge President of the Gauteng High Court has issued a bold mandatory mediation directive with Court Annexed Mediation Protocols. MW has put together a summary of this directive and protocol. We foresee a number of challenges, some of which has already been captured in an urgent application made to the Constitutional Court in which the court is requested to provide direct access and to retrospectively set aside the directive and protocols as constitutionally invalid amongst other requests. This we believe provides an opportunity for the Constitutional Court to provide guidance which will be beneficial to work being done to develop a Mediation law in South Africa.

At a practical level the protocol requires a review to address the duplications, vague provisions and density. We will provide our views in more detail on the protocols in another post. For now, the developments in mediation of civil matters, though imperfect and rushed, seems certain. There is a need for lawyers and in house counsel to understand how to use mediation effectively. For this training, internal systems and protocols are required. Parties to disputes may select a private mediation option outside of the cumbersome processes. Schedule a free chat with us to discuss how we may guide you.

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