Mediation
The preferred path to dispute resolution
Mediation is a confidential mutual process where an impartial third party helps disputing parties reach a mutually acceptable agreement.
While mediation has usually been a voluntary process, the new Gauteng High Court Directive now requires a report from an accredited mediator, confirming that mediation has been attempted prior to granting a court date for litigation.
Mediation is generally the fastest and most cost-effective path to resolution, focusing on informal, interest-based dialogue rather than rigid rules of evidence. Unlike the adversarial nature of a trial or arbitration, mediation empowers the parties to create their own mutually acceptable settlement, aiming to preserve or repair relationships while avoiding the "winner-takes-all" outcomes of the court.
Why Choose Mediation?
Legal Compliance
Now a mandatory prerequisite for litigation in the Gauteng High Court.
Cost-Effective
Significantly lower legal fees compared to traditional court battles.
Speed
Resolves disputes much faster than the current court system.
Confidentiality
The process is private and strictly confidential. Mediations are "Without Prejudice" and cannot be used against you in court if mediation fails.
Mandatory Mediation Directive
In June 2025, a revised directive was issued by the Gauteng High Court to address unconstitutional court delays.
- The Mediator's Report: To obtain a court date, you must submit a report from an accredited mediator.
- Strategic Advantage: 85% of civil cases settle on the morning of a trial after years of waiting; mediation allows you to reach that settlement now.
Mediation Outside Gauteng
Although the High Court Directive makes a mediation process before trial mandatory in Gauteng, the High Court in other provinces nonetheless encourages that litigants go through a mediation process by requiring that mediation is at least considered in every new action or application.
The encouragement toward mediation in the rest of South Africa is set out in Rule 41A of the Uniform Rules of Court.
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