Background to the Rule 41A Mediation Directive

Court Rule 41A, a part of the Uniform Rules of Court in South Africa, mandates parties to consider mediation as a dispute resolution mechanism before resorting to formal litigation.

Effective 22 April 2025, the Gauteng Division of the High Court has introduced mandatory mediation for all civil trials through the Directive issued by the Judge President, in terms of Rule 41A of the Uniform Rules of Court. The goal is to address the backlog of civil trials (some previously set as far out as 2031), and to ensure that only matters requiring judicial determination are placed on the court roll.

Under the Directive and Mediation Protocol, litigants must participate meaningfully in a court-annexed mediation process before they can be allocated a trial date. Failure to comply may result in matters being struck off the roll and could lead to adverse or punitive cost orders.

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How the Directive and Protocol Work

The Mediation Directive and Protocol provide a structured process for mediation, including:

• Mandatory delivery of a Rule 41A notice indicating a party’s willingness (or opposition) to mediate;
• Submission of a Mediator’s Report confirming the outcome of the mediation as a pre-condition to enrolling for trial;
• Strict timelines for responding to notices, agreeing on a mediator, and concluding mediation within 30 days; and
• The possibility of cost orders or disciplinary action against parties and legal representatives who delay, obstruct, or refuse to engage in mediation without valid reason.

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Tokiso Rule 41A Process Diagram

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Tokiso’s Commitment to Mediation and Compliance

Tokiso meets the requirements of a Recognised Mediation Organisation (RMO) and is fully aligned with the Mediation Protocol. Tokiso is:

• Accredited by DISAC (the South African Dispute Settlement Accreditation Council);
• A member of ADRP-SA (Alternative Dispute Resolution Practitioners of South Africa).

Our full list of accreditations can be found here. Our panel includes Qualified Mediators who meet the requirements set out in the Protocol, including experience, training, and professional supervision. As a leading dispute resolution organisation, Tokiso is committed to advancing mediation as an accessible, cost-effective, and efficient means of resolving disputes, and we support the judiciary’s effort to promote access to justice through this progressive initiative.

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How to Book a Tokiso Mediator

Booking a Tokiso panellist is simple:

1. Register on our system here or contact us directly for assistance.
2. Once registered, you will be able to:

• Select a mediator from our accredited panel;
• Schedule a mediation session;
• Receive Tokiso’s mediation rules and agreement to mediate;
• Arrange logistics, including venue or virtual platform options.

Our administrative support team ensures compliance with all procedural and reporting requirements in terms of the Protocol.

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View the Tokiso Mediation Rules

Tokiso’s mediation rules are designed to ensure a fair, efficient, and confidential process, in line with best practice and the standards required for court-annexed mediation. View Mediation Rules

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Meet Our Accredited Mediators

Our panel comprises experienced mediators from diverse legal, commercial, and public sectors. All Tokiso mediators:

• Are accredited and certified to conduct court-annexed mediations;
• Adhere to a strict code of conduct;
• Undergo ongoing training and performance monitoring.

View Tokiso’s Panel of Accredited Mediators

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Compliment or Complaint

If you would like to submit a compliment or lodge a complaint relating to any of Tokiso’s mediators, please do so as soon as possible. All correspondence should be directed to Tanya Venter at info@tokiso.com.

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For enquiries or assistance with Rule 41A mediation bookings, contact us at info@tokiso.com or 011 853 6300.