Mediation: The Way Forward According to the Courts

The earliest recorded use of the word litigation dates back to 1567 in the writings of Robert Sempill. Conflict has always existed, and our default method of resolving it has long been rooted in more conflict. For centuries, litigation has remained largely unchanged. But that is beginning to shift.

It is time we forge a new way forward—a path grounded not in combat but in communication and peace.

Judge President Dunstan Mlambo has recently implemented a major shift in the legal landscape. As of April 22, 2025, mediation is now mandatory for all civil trial matters in Gauteng. This directive was introduced to help alleviate court backlogs and delays by requiring parties to attempt mediation before their matter proceeds to trial.

This is a significant development and one that reflects a broader change across the country. More and more judges are leaning toward mediation in other provinces, giving us a glimpse of a future where mediation is not just preferred but prioritized. We may soon see courts across South Africa adopting a “mediation first” stance.

But mediation is not just good for the courts. It is faster, more cost-effective, and far more empowering than traditional litigation. When you choose litigation, you are handing over the outcome of your life to a judge. With mediation, both parties retain control and work together toward a solution that works for everyone involved.

In my work, I often say there is a difference between people who are argumentative and people who are combative. Argumentative people want to be heard. Combative people want to win. Mediation gives space for the former, those willing to engage, even disagree, but with a genuine desire to move forward. It helps prevent matters from escalating into full-blown legal warfare, allowing dignity and dialogue to lead the way.

I had the privilege of training with a respected mediation firm in South Africa, where I experienced firsthand how transformative a mediation-based approach can be. Since then, I have made it my aim to focus on a mediation-first approach wherever appropriate.

Mediation is not about avoiding tough conversations. It is about approaching them differently, with a willingness to listen, to understand, and to work toward peace.

Ready to explore mediation as a way forward? Whether you are facing a dispute or simply want to resolve a matter with dignity and care, we are here to help.

Call us on +27 60 378 2288

Email us at admin@lawsonlegal.co.za