Mandatory Mediation Introduced for Civil Cases: What It Means for You

Gauteng Judge President Dunstan Mlambo has made it mandatory for civil cases to go through mediation before trial as a measure to curb an ‘intolerable’ caseload in High Courts. This change is designed to help reduce the growing backlog in the High Courts, where trial dates for civil matters had been set as far out as 2031.

What Does This Mean for You?

If you are involved in a civil case—or are considering pursuing one—this directive means that:

• You cannot proceed to trial unless your case has been through mediation, and a mediation report is submitted with your request for a trial date.

• If your case involves the Road Accident Fund (RAF) and was previously scheduled for trial on or after 1 January 2026, your trial date has been withdrawn. You’ll need to reapply for a new date, and this application must include a mediation report.

Why Has This Been Introduced?

South Africa’s civil courts are under immense pressure. Some courts have been so overwhelmed that they’ve started assigning trial dates several years into the future. Judge President Mlambo believes that making mediation a requirement will:

• Encourage faster, more cost-effective resolutions;

• Ease the burden on courts;

• Help reduce the number of cases going to full trial.

What Are the Challenges?

While the legal community supports the idea of resolving disputes outside of court, some experts have raised valid concerns:

• There are still not enough judges, courtrooms, or administrative staff to handle the remaining caseload;

• Clients who have already waited years for a trial could now face further delays if they are unable to secure a mediation report in time;

• The shift may be particularly challenging for plaintiffs whose trial dates were already set for 2025 or 2026.

How We Can Help

At Rudolf Buys & Associates Attorneys, we’re committed to staying ahead of legal changes so we can best represent and support you. Our team is already adapting to the new directive, and we’re ready to:

• Guide you through the mediation process efficiently and with clarity;

• Assist with reapplying for trial dates, including securing the necessary mediation documentation;

• Advise on the best legal strategy based on your specific circumstances.

If you have a civil claim pending or are unsure how this affects your matter, don’t hesitate to contact us. We’re here to ensure you’re not left behind during this transition and that your case continues to move forward.