Document ID: chunk:federal_register_of_legislation:C2024C00224:section:94d
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 94D
Character Range: 452252–454458

94D  Mediation conferences

   Mediator may hold conferences
 (1) If the Federal Court refers the whole or a part of a proceeding under section 86B for mediation, the mediator may hold such conferences of the parties or their representatives as the mediator considers will help in resolving the matter.
Note: The person conducting the mediation may request the Federal Court to refer for review by the NNTT the issue of whether there are native title rights and interests: see subsections 136GC(2) and (3).

Who must conduct conferences
 (2) A conference must be conducted by:
 (a) if the mediator is an individual—the mediator; or
 (b) if the mediator is the NNTT—a member of the NNTT; or
 (c) in any other case—an individual nominated by the mediator.

Assistance
 (3) Subject to an order made under subsection 86B(5C) in relation to the mediation, the person conducting the mediation may be assisted:
 (a) if the person is a member of the NNTT—by another member of the NNTT or a member of the staff assisting the NNTT; and
 (b) in any other case—by such other individuals as the person considers appropriate.

Statements at conference are without prejudice
 (4) In a proceeding before the Court, unless the parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done at a conference.

Person conducting the mediation etc. not to take further part in relation to a proceeding

 (5) Unless the parties otherwise agree or the Court gives leave, the person conducting the mediation, or another person who assists that person, may not, in any other capacity, take any further part in the proceeding before the Court.

Participation by telephone etc.
 (6) The person conducting the mediation may allow a person to participate by:
 (a) telephone; or
 (b) closed‑circuit television; or
 (c) any other means of communication.

Division applies as if consultant were a member
 (7) If:
 (a) the mediator is the NNTT; and
 (b) a consultant is engaged under subsection 131A(1) to conduct mediation in relation to a particular matter under this Division;
this Division applies in relation to that matter as if the consultant were a member of the NNTT.