Document ID: chunk:federal_register_of_legislation:C2024C00224:section:86b:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 86B (pt 2/2)
Character Range: 418218–420292

involved;
 (e) the nature and extent of any non‑native title rights and interests in relation to the land and waters in the area;
 (f) any other factor that the Court considers relevant.

Whole or part of a proceeding may be referred at any time
 (5) In addition to referring a proceeding for mediation under subsection (1), the Court may, at any time in a proceeding, refer the whole or a part of the proceeding to an appropriate person or body for mediation if the Court considers that the parties will be able to reach agreement on, or on facts relevant to, any of the matters set out in subsection 86A(1) or (2).
 (5A) In deciding whether to refer the whole or part of the proceeding to a particular person or body, the Court may take into account the training, qualifications and experience of the person who is to be, or is likely to be, the person conducting the mediation.
 (5B) Without limiting subsection (5), the whole or part of the proceeding may be referred to a Federal Court Registrar.

Orders about how mediation is to be provided etc.
 (5C) If the Court refers, under subsection (1) or (5), the whole or a part of a proceeding to a person or body for mediation, the Court may at any time after the referral make an order about the following matters:
 (a) the way in which the mediation is to be provided;
 (b) whether the person who is to conduct the mediation may be assisted by another individual;
 (c) any other matter that the Court considers relevant.

No other referral for mediation etc.
 (6) If the Court refers the whole or a part of a proceeding for mediation under subsection (1) or (5), then, unless the mediation ceases because an order is made under section 86C:
 (a) no aspect of the proceeding is to be referred for mediation under the Federal Court of Australia Act 1976; and
 (b) no order is to be made by the Federal Court requiring the parties to attend before a Federal Court Registrar for a conference with a view to satisfying the Registrar that all reasonable steps to achieve a negotiated outcome of the proceeding have been taken.