ARBITRATION

Court Annexed Mediation in Zimbabwe

The Judicial Service Commission (JSC) in Zimbabwe is yet to introduce Court Annexed Mediation (CAM) in Zimbabwe under the auspices of the courts at the Pre – Trial Stage (PTC) of a case. The call for reform in Zimbabwe was first made by the Harare High Court in the decision of Galante v Galante (3) 2002 (2) ZLR 408 (H) which is also cited as G v G 2003 (5) SA 396 (ZH) in South Africa.

In Marijeni v Mufudze & Others 2002 (2) ZLR 498 (H) 500 it was held that:

“There is a deliberate attempt on the part of the judiciary to introduce mediation at the pre-trial conference stage as an alternative to trials. More cases are now being settled at the pre-trial conference than before, as result of the direct and active participation of judges.”

The main aim of the PTC is to assist towards the resolution of a dispute without recourse to trial. During the opening of the 2025 Legal Year, the Honourable Chief Justice, Luke Malaba announced reforms aimed at transforming the justice delivery system and one such measure is court annexed mediation in Zimbabwe at the PTC stage of a case in an effort to alleviate case backlog and to achieve settlement where possible.

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