21/05/2026
South Africa’s civil courts are under strain - rising costs, long delays and a huge backlog (some trials aren’t until 2031).
The SALRC’s Draft Mediation Bill (in the works since 2019) aims to make mediation a mainstream, cheaper and faster way to resolve disputes.
Currently Rule 41A only asks parties to consider mediation, but the Gauteng High Court now requires mediation before a trial date, with penalties for non-compliance.
The risk: mandatory mediation could limit access to courts for vulnerable people or cases needing public legal rulings.
Safeguards are essential, judges should be able to exempt unsuitable matters, mediation must never block your right to litigate if it fails, and mediators must be professional and impartial.
What’s your take... do you support forced mediation as a way to speed up justice, or do you think it risks denying fair access to court? Comment below.
