With mediation now mandatory in Gauteng High Courts, legal professionals are scrambling to upskill. But not all training is equal—and getting it wrong can cost you more than just money.
Judge President Mlambo’s directive is clear: mediators must be accredited. That means your training must meet the standards of South Africa’s organised mediation industry, which is represented by ADRP-SA and its two pillars: DiSAC (civil/commercial mediation) and NABFAM (family mediation). These bodies align with the International Mediation Institute (IMI) and enforce global standards locally.
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.
"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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Since 2006, we have a proud track record of assisting more than 10 000 families in resolving family disputes creatively and effectively, without unnecessary intervention through the courts. We have developed 25 training manuals on various topics relating to Alternative Dispute Resolution and we have trained more than 1000 delegates in Alternative Dispute Resolution skills in family disputes, in both the public and private sectors.