On 22 April 2025, the Judge President of the Gauteng Division of the High Court announced a major change: mediation is now compulsory for civil matters. This shift aims to ease pressure on the court system and help people resolve their cases more quickly and affordably.
Why This Change Was Needed
The Gauteng High Court is overwhelmed. Some civil trial dates are only being scheduled for 2031 — a six-year wait for justice. This kind of delay not only slows the legal process, but also affects people’s lives. The Judge President called this situation “unacceptable” and said it must change.
In a media statement released by the Office of the Chief Justice, it was revealed that less than 10% of matters on the court roll actually require a judge’s decision. Most are either settled at the last minute or do not involve triable issues. A court sample in March 2025 showed that in Pretoria alone, of the 339 matters on the roll, only 11 required judicial attention. The rest were either settled, postponed, or removed. These numbers paint a clear picture: the court is flooded with matters that could — and should — be resolved outside the courtroom.
The goal of the new directive is to fix the backlog and ensure that cases get sorted out faster — especially the ones that don’t need a full court trial.
The rule applies to all civil matters — from family law and contract disputes to Road Accident Fund (RAF) claims. These RAF claims involve people who were injured in car accidents and are trying to get compensation. Many of these cases could be handled without going to court, which would help free up space for more serious or complex matters.
What Does the New Rule Say?
Starting 22 April 2025, no civil trial date will be given to any new actions issued after the effective date unless the parties first go through mediation and submit a report from the mediator. This rule is designed to help the courts deal with the massive backlog of cases. The idea is simple: try to settle the matter early, and only go to court if you absolutely have to.
For now, during the transitional period (2025–2026), the rule depends on the type of case:
RAF matters in 2025–2026: Some trial dates stay intact, but a mediator’s report must still be submitted before the trial. From 2026 onward, all RAF trial dates are cancelled unless re-applied with a mediator’s report.
Other civil matters in 2025–2026: Trial dates in 2025 stay intact. For 2026, a mediator’s report must be handed in at least 30 court days before trial. If not, the case will be removed from the roll.
All matters in 2027: All trial dates allocated after 1 January 2027 are removed from the roll and parties are bound by the directive.
Will Mediation Actually Help?
The statistics from the courts suggest that it can. In Johannesburg, a recent study showed that out of 59 civil matters on the trial roll, only two went ahead for trial — the rest were either settled or resolved with draft orders. With more than 85% of matters not requiring a judge, mandatory mediation could help people get results faster, while freeing up space in the court for cases that truly need it.
But for this to work properly, a few things need to be in place:
- There must be enough qualified mediators who are affordable and easy to access.
- Both parties must take the process seriously and try to reach a solution.
- Mediators will need to file reports, and this could lead to court challenges, especially if one side feels they weren’t treated fairly. This might make some mediators nervous about what they include in their reports.
What Clients Should Expect
If you’re involved in a civil case, this change will likely affect your journey. Here’s what to keep in mind:
- Faster results: Mediation could save you years of waiting.
- Extra costs: You’ll need to pay for mediation upfront, in addition to legal fees.
- New approach: Your lawyer will help you prepare differently, because mediation is now a required step.
- Trial date changes: If your case was set for 2027 or later, that date is now cancelled. You’ll need to go through mediation first and apply for a new date.
A Mindset Shift for Everyone
Mediation isn’t new — but making it mandatory is. It means lawyers and clients alike need to change how they approach disputes. Instead of preparing for a long trial from day one, they’ll need to focus on trying to settle early.
The Judge President confirmed that mediation does not replace your right to a fair trial — it simply asks you to try resolution first. If mediation doesn’t work, you can still go to court. But you must go through the process in good faith.
If this new system is embraced properly, it could take pressure off the courts and help thousands of people get legal outcomes faster and with less stress. But for that to happen, everyone involved — lawyers, clients, and mediators — needs to engage with the process fully.
