MANDATORY MEDIATION IN THE GAUTENG DIVISION:

Remember we posted about the mandatory mediation notice?

Well, in the Gauteng Division of the High Court, mediation is compulsory before a trial date is allocated.

Let’s get into it:

A 41A notice will be ‘irregular’ if:

It lacks cogent reasons why the matter cannot be resolved fully or partially in mediation; or
It does not identify and classify issues in dispute.

There is a reason why you need to address these issues in a mediation notice and Judge Adams sitting in the Gauteng Division put it so simply:

‘The purpose and the aim of the Directive and the Protocol is to provide a structured standardised yet flexible framework for implementing court-annexed mediation in this Division of the High Court.

Importantly, the Protocol aims to promote the use of mediation as an alternative dispute resolution mechanism to alleviate congestion on the court rolls, as well as to enhance access to justice by providing an efficient, cost-effective and less adversarial method of resolving disputes.’

We hope that a Mediation Protocol will soon become mandatory in all Divisions of the High Court and in the lower courts. Tell us what you think about it!