Part 4 Determinations of the Federal Court Division 1B Reference for mediation Section 86BA 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. 86BA Mediator may appear before the Court (1) A mediator may appear before the Court at a hearing that relates to any matter that is currently before the mediator for mediation if the 258 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021