Understanding the Gauteng High Court's Mandatory Mediation Directive

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

Overview of the Mandatory Mediation Directive

The Judge President of the Gauteng High Court has recently introduced a significant mandatory mediation directive with Court Annexed Mediation Protocols. This directive aims to enhance the efficiency of civil cases.

MW has compiled a comprehensive summary of this directive and the associated protocols. We believe these changes will present various challenges. Some of these challenges have already been addressed in an urgent application made to the Constitutional Court. In this application, the court is asked to provide direct access and to retrospectively set aside the directive and protocols due to constitutional concerns.

The upcoming proceedings create an opportunity for the Constitutional Court to offer guidance. Such guidance will be essential for developing mediation law in South Africa.

Practical Implications of the Protocol

On a practical level, the protocol requires a rigorous review process. This is necessary to address experienced duplications, vague provisions, and dense language within the protocols. We will discuss our detailed views on the implications of these protocols in a future post.

For now, it's clear that these developments influence the mediation of civil matters. While the changes appear imperfect and somewhat rushed, a commitment to mediation seems certain.

The Importance of Training in Mediation

With these changes, it is increasingly vital for lawyers and in-house counsel to understand how to use mediation effectively. Efficient use of mediation involves more than just willingness; it necessitates training and internal systems.

Developing a mediation strategy calls for management of internal protocols. This training equips legal professionals to navigate the new landscape of compulsory mediation successfully. Beyond the court systems, parties to disputes will have a choice. They may opt for private mediation, which can circumvent the cumbersome processes of the formal court system. Schedule a free chat with us to discuss how we may guide you.

Conclusion

In conclusion, the introduction of the mandatory mediation directive brings both opportunities and challenges. As the legal landscape evolves, professionals must adapt to stay relevant. We encourage all interested parties to engage with this material and prepare for the shifting dynamics of civil disputes.

Please take note: the resource is shared for information purposes only. You are advised to refer to the original documentation and the latest legal developments before taking action. We ask you to use this content to benefit education and to kindly acknowledge MW.