Mandatory Mediation Directive
Mandatory Mediation in Gauteng: What Divorce Clients Need to Know
If you’re considering divorce or currently navigating it through the Johannesburg or Pretoria High Court, a major shift in legal procedure may affect your next steps. As of 22 April 2025, the Gauteng Division of the High Court has introduced mandatory mediation for all civil trial matters — including divorce.
This progressive new directive is aimed at addressing the overwhelming backlog in the court system, where trial dates were previously being scheduled up to seven years in advance. Now, anyone seeking a trial date in civil cases within the Gauteng Division must first attempt mediation — and submit a formal mediator’s report to the court before a trial can be scheduled.
What Does “Mandatory Mediation” Mean?
Mediation is a confidential, solution-focused process where a neutral third party helps couples reach agreement outside of court. The new directive means that:
- Attempting mediation is now compulsory for divorce matters that would otherwise go to trial in the Gauteng Division (Johannesburg and Pretoria High Courts).
- A mediator’s report must be submitted with any request for a trial date.
- Without this report, the case won’t proceed to trial.
To learn more about the benefits, visit our Divorce Mediation Services page.
Why This Change?
According to the Judge President of the Gauteng Division, Justice Dunstan Mlambo, the civil trial roll is under unprecedented pressure. The directive states that up to 85% of cases settle on the day of trial — often years after securing a trial date — wasting valuable court resources and delaying justice for more complex cases that do need judicial intervention.
By requiring parties to try mediation first, the directive seeks to:
- Promote faster and more affordable resolutions
- Reduce emotional stress and hostility
- Free up court time for urgent or complex matters
- Restore access to justice in a system currently at breaking point
For Divorcing Couples: What to Expect
Whether you’re considering divorce or have already begun the process, you’ll now need to engage in mediation before the court will give you a trial date.
Partnering with an experienced, accredited mediator like Rudi Kruger ensures that your rights and best interests are protected — without the hostility, time delays or legal costs of drawn-out litigation.
For Legal Professionals: A New Mediation Partner You Can Trust
This directive also presents a practical shift for attorneys managing divorce matters. You now need to ensure mediation is part of your litigation strategy.
Rudi Kruger Mediation partners with legal professionals to deliver:
- Accredited divorce mediation services
- Detailed mediator’s reports, compliant with court requirements
- Drafting of parenting plans, settlement agreements, and more
- A legally sound, compassionate approach to resolution
Gauteng Is Leading the Way — Don’t Get Left Behind
This directive applies only to civil trials in the Johannesburg and Pretoria High Courts. But it signals a broader shift: mediation is fast becoming the first stop, not the last resort, in family law.
Whether you’re facing divorce or advising a client, make sure you’re prepared to meet this new requirement with confidence.
Contact Rudi Today:
📞 083 261 2635
📧 rudi@rudikrugermediation.co.za
🌐 www.rudikrugermediation.co.za
