Part 4 Determinations of the Federal Court
Division 1B Reference for mediation
Section 86C
Where Court must order mediation to cease
(3) If the party making the application is:
(a) the applicant in relation to the application under section 61;
or
(b) the Commonwealth, a State or a Territory;
the Court must make an order that mediation by the mediator is to
cease unless the Court is satisfied that the mediation is likely to be
successful in enabling the parties to reach agreement on any of the
matters set out in subsection 86A(1) or (2) in relation to the whole
or the part of the proceeding.
Where Court may order mediation to cease
(4) If the party making the application is any other person, the Court
may make such an order unless the Court is satisfied that the
mediation by the mediator is likely to be successful as mentioned
in subsection (3).
Court to consider reports etc.
(5) The Court, in deciding whether to make an order under
subsection (1), (3) or (4), must take into account any report or work
plan provided to the Court under subsection 94N(2), (3), (4) or (5).
Court may make other orders
(6) If the Court makes an order under subsection (1), (3) or (4) in
relation to a mediation, the Court may make any other orders that
the Court considers are reasonably necessary or appropriate to deal
with the cessation of the mediation.
Later referral for mediation
(7) The making of an order under subsection (1), (3) or (4) does not
prevent a later referral for mediation under subsection 86B(5).
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Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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