Mandatory Mediation in Gauteng High Court Divorce Cases: What It Means for You

If you're going through a divorce in Gauteng, there's a significant change you need to know about. As of April 2025, the Gauteng High Courts have introduced mandatory mediation for all civil trial matters—including divorce cases. This change is designed to help couples resolve disputes faster, more fairly, and with less conflict.

At Barter McKellar, we welcome this development. We believe that mediation offers a powerful opportunity to put your family’s well-being at the center of the process.

What Is Mediation?

Mediation is a structured and confidential process where a neutral third party (the mediator) helps you and your former partner:

• Communicate more effectively

• Reach agreements on care and contact of your children

• Resolve disputes about maintenance, property, or parenting plans

• Avoid unnecessary courtroom battles

It’s a more cost-effective and empowering alternative to litigation—and now, it’s a required step before your divorce can go to trial in the High Court.

Why Has Mediation Become Mandatory?

The court system is overwhelmed with cases that could have been resolved outside the courtroom. Mediation:

• Reduces stress for families and children

• Helps keep decision-making in your hands

• Encourages constructive, rather than combative, solutions

Most importantly, it promotes the best interests of the child, a central concern for many of our Clients.

What Will You Need to Do?

If you're involved in a divorce or any other family law dispute:

• You and your former partner will need to attend mediation with a qualified professional

• The mediator will assist you in working toward a resolution

• If you reach agreement, it can be made an order of court

• If full agreement isn’t possible, mediation will still help define the issues for court

The goal is to find common ground—saving time, money, and emotional energy.

How Barter McKellar Supports You

Our family law team is ready to:

• Guide you through the mediation process from start to finish

• Help you prepare your documents, notices, and agreements

• Support you in protecting your rights and your child’s best interests

We speak in plain English, simplify legal procedures, and give you practical, honest advice throughout your journey.

Ready to Talk?

Book a consultation with our Family Law team today. Let’s take the next step toward resolution—together.