Determinations of the Federal Court Part 4
Reference for mediation Division 1B
Section 86B
(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 in the course of mediation under this Act 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
under this Act 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 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
Compilation No. 47
Native Title Act 1993
257
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات