Yes, in most cases you can skip mediation and go straight to court in South Africa, because mediation is voluntary. The exception is where your contract requires mediation first. In that case, going straight to court can lead to the court case being stayed until the mediation step is completed.
Even when you go straight to the High Court, Uniform Rule 41A requires you to file a notice stating whether you agree to mediation. So the question will be raised early in the case.
When going straight to court makes sense
- You need urgent relief, such as an interdict
- Prescription is about to run and a summons must be served
- The other side has already refused to engage
Read the dispute resolution clause in your contract before you issue anything. It may set out a sequence of negotiation, mediation, and then arbitration or litigation.
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.