{"id":39950,"date":"2025-04-16T10:45:18","date_gmt":"2025-04-16T08:45:18","guid":{"rendered":"https:\/\/stbb.co.za\/dev2\/?p=39950"},"modified":"2025-04-16T11:49:12","modified_gmt":"2025-04-16T09:49:12","slug":"pulse-watershed-directive-mandatory-mediation-for-gauteng-civil-cases-proposed","status":"publish","type":"post","link":"https:\/\/stbb.co.za\/dev2\/pulse-watershed-directive-mandatory-mediation-for-gauteng-civil-cases-proposed\/","title":{"rendered":"Pulse | Watershed directive: Mandatory mediation for Gauteng civil cases proposed"},"content":{"rendered":"

In response to unmanageable caseloads, the Gauteng Division of the High Court of South Africa (\u2018the Gauteng Division\u2019) recently published a draft directive<\/u><\/a> introducing mandatory mediation as a requirement for setting down civil matters for trial. At its core, the draft directive aims to modernise and facilitate the administration of justice.<\/p>\n

Despite a growing backlog of cases, the judicial establishment of the Gauteng Division, which oversees approximately half of all civil litigation matters, has not expanded in 17 years. It is little wonder then that civil trial dates are currently issued as far ahead as 2031 \u2013 a phenomenon described as \u2018unacceptable and intolerable\u2019 by the Judge President. According to the directive, this level of delay thwarts the constitutional right to access the courts, particularly when most civil cases are settled on the day of trial and can be resolved via alternative dispute resolution mechanisms.<\/p>\n

To ameliorate the backlog and minimise further delays, the draft directive introduces mandatory mediation for all civil matters. In practice, this means that civil cases must first undergo mediation, which involves the use of neutral third party to facilitate discussion and resolution between disputing parties, prior to being set down for trial. Accordingly, a civil matter will only proceed to trial if a mediator certifies that mediation efforts were unsuccessful. Per the proposed directive, mediators will be selected in accordance with the Mediation Protocol for the Gauteng Division.<\/p>\n

According to the proposed directive, new procedures for civil trials will be introduced in two periods, namely a transitional period from 14th<\/sup>\u00a0April 2025 to 31st<\/sup> December 2026 and the period commencing 1st<\/sup> January 2027:<\/p>\n