Mandatory Mediation in Civil Matters: A Necessary Reform or Resistance to Progress?'s Testimonial

The South African civil justice system is at a critical juncture. In a recent Newzroom Afrika interview, Gauteng Judge President Dustin Mlambo highlighted alarming backlogs—some magistrate court cases are only being set down for hearing in 2031! This is not just an administrative issue—it’s a denial of timely justice.

Judge President Mlambo also sounded the alarm on “slam mediations”—processes run by unqualified, unaccredited individuals who engage in negotiation, not true mediation. These interventions often result in pressured, unethical settlements, undermining both justice and public trust.

While some court officials and magistrates are embracing mandatory mediation and referring cases to accredited, experienced mediators, others remain resistant. Instead, they issue directives themselves or rely on untrained social workers and court officers, confusing authority with neutrality.

True mediation requires skill, accreditation, and experience. It cannot and should not be replaced by informal or internal processes. The need for a professional, accountable mediation framework in our courts has never been more urgent.

We support Judge President Mlambo’s call for change and stand for mediation that is ethical, professional, and just.

The question is no longer if mediation should be mandatory—but why we’ve tolerated its absence this long.

#SouthAfricaLaw #CourtReformSA #JusticeDelayed #CourtBacklogs

# ProfessionalStandards. #LawAndJustice #ReformTheCourts #LegalReform

#EthcicalMediation

Author:

Toula Pleaner
Family Law Mediation Practitioner
BS. HONS BA (PSY). MA PSY.

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