Determinations of the Federal Court Part 4 Reference for mediation Division 1B Section 86A Division 1B—Reference for mediation 86A Purpose of mediation Proceeding not involving compensation (1) The purpose of mediation in a proceeding that does not involve a compensation application is to assist the parties to reach agreement on some or all of the following matters: (a) whether native title exists or existed in relation to the area of land or waters covered by the application; (b) if native title exists or existed in relation to the area of land or waters covered by the application: (i) who holds or held the native title; (ii) the nature, extent and manner of exercise of the native title rights and interests in relation to the area; (iii) the nature and extent of any other interests in relation to the area; (iv) the relationship between the rights and interests in subparagraphs (ii) and (iii) (taking into account the effects of this Act); (v) to the extent that the area is not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease—whether the native title rights and interests confer or conferred possession, occupation, use and enjoyment of the land or waters on its holders to the exclusion of all others. Note: The matters set out in paragraphs (a) and (b) are based on those that are required, under section 225, for a determination of native title. Proceeding involving compensation (2) The purpose of mediation in a proceeding that involves a compensation application is to assist the parties to reach agreement on some or all of the following matters: Compilation No. 47 Native Title Act 1993 255 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021