Judge Mlambo issues directive seeking to make mediation mandatory in all civil trials

JOHANNESBURG - Judge President of the Gauteng division of the High Court, Dunstan Mlambo has issued a draft directive that seeks to make mediation mandatory in all civil trials.

Civil trial dates in the division are currently issued for as far as 2031, meaning litigants would have to wait about six years for their matters to be heard.

In an attempt to mitigate the crisis and ensure access to justice, the judge president has called for comments in the revision of court processes. 

Section 34 of the constitution guarantees everyone the right to access the courts and have any dispute that can be resolved by the application of law decided before a court of law.

But with the overwhelming caseload in the Gauteng division of the High Court and civil trial dates being set as far as 2031, this fundamental right may be threatened. 

In the draft directive, judge Mlambo said it was important that cases that do not reasonably require a judge to resolve the parties' dispute, pursue other means for dispute resolution to prevent a clog up of the court roll.

The judge president said the majority of cases that are currently on the civil trial roll are capable of resolution through mediation and settlement among others.

Mlambo added that 85% of civil trials are settled on the morning of the trial date while they take up a sizeable portion of the roll, forcing other matters to wait for extremely long periods for a hearing.

Thus, Mlambo seeks to make mediation mandatory for all civil trials in an attempt to alleviate the work of the court.