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Mediation
Directive by Judge President to strike Unmediated Cases from High Court roll (Rule 41A compliance)
On the 20th of July 2021, Judge President Makgoba issued a directive on the implementation of Rule 41A which compels legal practitioners to attempt mediation bringing an action or motion before the Court.
The directive was issued more than a year after the implementation of Rule 41A of the Uniform Rules of Court and leaves legal practitioners with just over a month to ensure that they are in compliance with the said rule. Courts have been reaping the benefits of mediated settlements and the latest directive is a continuation on the path to clear congested court roles and backlogs.
We expect a marked uptick in mediated settlements, given that from 1 September 2021 no High Court will hear a case where mediation has not been attempted in line with the provisions of Rule 41A. Courts will instead strike such matters from the roll.
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