Yes, mediation in South Africa is voluntary, so you can refuse to go. Nobody can be forced to settle in mediation. However, if you are in High Court litigation, you must state formally whether you agree to mediation, and why if you do not.
Under Uniform Rule 41A, a party issuing a summons or application in the High Court must serve a notice saying whether it agrees to or opposes referral to mediation, with reasons. The other party must do the same. A judge can also direct the parties to consider mediation at any stage.
Things to check before refusing
- Your contract: many agreements require mediation before litigation or arbitration
- Whether refusing could look unreasonable to the court later
- Whether mediation could narrow the issues even if it does not settle them
Agreeing to mediate does not mean agreeing to settle. You can attend, listen, and leave without an agreement if the terms do not work for you.
Need help with this? See Mediation.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.