Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_86b:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 86B (pt 1/2)
Character Range: 309691–312203

86B  Referral of matters to NNTT for mediation

Federal Court must refer applications to mediation

 (1) Unless an order is made under subsection (2) that there be no mediation, the Federal Court must refer every application under section 61 to the NNTT for mediation, including the ascertaining of agreed facts, as soon as practicable after the end of the period specified in the notice under section 66.

Court may order no mediation

 (2) The Court may, on application by a party to the proceeding, or of its own motion, make an order that there be no mediation in relation to the whole of the proceeding or a part of the proceeding.

No mediation if it will be unnecessary etc.

 (3) The Court, upon application under subsection (2) or if it is considering making an order of its own motion, must order that there be no mediation in relation to the whole of the proceeding or a part of the proceeding if the Court considers that:
 (a) any mediation will be unnecessary in relation to the whole or that part, whether because of an agreement between the parties about the whole or the part of the proceeding or for any other reason; or
 (b) there is no likelihood of the parties being able to reach agreement on, or on facts relevant to, any of the matters set out in subsection 86A(1) or (2) in relation to the whole or that part; or
 (c) the applicant in relation to the application under section 61 has not provided sufficient detail (whether in the application or otherwise) about the matters mentioned in subsection 86A(1) or (2) in relation to the whole or that part.

Factors to take into account

 (4) In deciding whether to make an order that there be no mediation in relation to the whole of the proceeding or a part of the proceeding, the Court is to take the following factors into account:
 (a) the number of parties;
 (b) the number of those parties who have appointed the same agent under section 84B or same representative;
 (c) how long it is likely to take to reach agreement on the matters set out in subsection 86A(1) or (2) in relation to the whole or the part of the proceeding;
 (d) the size of the area 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 to mediation under subsection (1), the Court may, at any time in a proceeding, refer the