Law firm challenges contentious mandatory mediation directive

A PRETORIA law firm has turned to the Constitutional Court for direct access to the highest court in the country in an urgent bid to overturn a directive introducing mandatory mediation in the Gauteng Division of the High Court.

- ZELDA VENTER

Since last week, the Johannesburg and Pretoria high courts no longer allocate trial dates for civil cases - cases where evidence is being led, such as damages claims.

Litigants, who in these cases want a judge to determine their issues, must first prove that they have tried to resolve their issues via mediation.

A trial date will be allocated only if mediation does not resolve the issues, and they can prove via a certificate that they did try it.

Gauteng Judge President Dunstan Mlambo in March issued a draft directive and called for objections from the public, lawyers, and interested parties. While many vehemently opposed the directives, it came into force last week.

The Office of the Chief Justice explained that there are no alternatives as the Gauteng Divisions simply cannot cope with the heavy workload. Judge Mlambo also commented in his directive that the bulk of these cases are, in any event, settled on the day of the trial.