New High Court Rules: Mediation Before Litigation
Rule 41A of the High Court Rules now effectively mandates mediation in family law disputes before a case can be heard in court.
South African courts are increasingly moving away from adversarial divorce litigation. Rule 41A of the Uniform Rules of Court now requires parties to consider meditation at the finding of any new action.
The Declaration of Mediation
When filing for divorce, your attorney must now file a notice stating whether you agree to mediation or not. If you refuse, you must provide valid reasons. Judges can now penalize parties with "punitive cost orders" if they unreasonably refuse to mediate and insist on expensive litigation.
Why This Matters
This shift puts the power back in the hands of the family. Instead of a judge deciding your custody or asset split, you and your spouse negotiate a settlement with a neutral mediator. It is faster, cheaper, and far less traumatic for children.