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Mandatory Mediation in South Africa: Is It Legal?

Mandatory Mediation in South Africa: Access to Justice or Barrier to the Courts?

Can mediation be required before citizens are allowed their day in court? In this episode, we explore the controversial 2025 judicial directive in Gauteng, South Africa, which made mediation a mandatory step before civil cases can proceed to trial.

Supporters argue that mandatory mediation can reduce court backlogs, save time, and promote faster dispute resolution. Critics, including the Personal Injury Plaintiff Lawyers Association, contend that the requirement imposes additional costs, delays access to justice…

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