Social Justice Blog

The long-awaited moment has arrived: mediation is now mandatory in the High Courts of Gauteng for all civil matters. It’s a bold and overdue move in our justice system, and a clear signal that the rest of the country will soon follow. The question on everyone's lips is: Are we prepared?

For decades, many litigation lawyers have resisted mediation—despite repeated signals from the judiciary about the unsustainable burden on the courts, and despite consistent recommendations from the South African Law Reform Commission to evolve our dispute resolution processes. But resistance is futile now. Mediation has become the law in Gauteng, and the profession must adapt quickly.

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Hey! We get it, nobody likes dealing with conflicts – they're like a terrible weight around your neck. But guess what? There's a super relaxed, laid-back approach that can save you from a courtroom drama with expensive lawyers eagerly postponing things for a greater bite of your money. It's called mediation, and I am here to tell you why it totally rocks over litigation.

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"Blessed are the meek, for they shall inherit the earth.
Blessed are those who hunger for righteousness, for they shall be filled...”

As things now stand we are moving gradually towards the day that the poor will not select mediation as much as mediation will select the poor. Today the promise of equal justice for all remains little more than a distant hope for many who find themselves alienated from economic sustenance by the chasm which is poverty.

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