Reforming Justice • Reducing Conflict
The Purpose Behind the Directive
The Gauteng High Court Directive (Practice Directive 1 of 2025) makes mediation a central part of the civil litigation process. Before parties issue summons or defend a claim, they must attempt mediation through accredited practitioners.
Under the Gauteng High Court’s mandatory mediation directive, courts now require mediation before litigation for many disputes, including commercial matters. This shift means ADR is no longer just an option — it’s an essential part of responsible business practice.
Goals of the Directive:
Parties are required to demonstrate good-faith participation in mediation before the court will proceed with formal hearings
- Accredited Mediators – Led by Hugh Raichlin, certified through the London School of Mediation and the Association of Arbitrators (SA).
- Structured Process – Facilitation of court-linked mediation in accordance with Practice Directive requirements.
- Documentation & Reporting – Preparation of Mediation Outcome Certificates for filing with the High Court.
- Cross-Disciplinary Support – Integration with our Family, Commercial, and Labour Law departments for full compliance and continuity.
- Case Assessment – We review your dispute and determine if mediation is mandatory or voluntary.
- Mediator Appointment – An accredited mediator is appointed and registered with the court as required.
- Pre-Mediation Conference – Clarify issues, exchange documents, and agree on procedure.
- Mediation Session – Confidential discussion guided by the mediator to reach agreement.
- Outcome Certification – If settled, a binding agreement is drafted. If not, a Mediation Certificate is issued to proceed to litigation.
- Ignoring the Directive – Failure to attempt mediation can lead to court sanctions or delays.
Learn about the directive’s requirements → - Using Unaccredited Mediators – Only mediators accredited under the court’s programme may file certificates.
Meet our Accredited Mediators → - Not Documenting Outcomes – Verbal settlements hold no legal weight. Always record agreements in writing.
Why settlement agreements matter → - Treating Mediation as a Formality – Approach it with intent to resolve, not just comply.
Preparing for Mediation →
Understanding Mandatory Mediation
Court-Linked Mediation FAQs
The form has been submitted successfully!
There has been some error while submitting the form. Please verify all form fields again.