Determinations of the Federal Court Part 4 Reference for mediation Division 1B Section 86D 86D Federal Court’s powers Court may determine fact or law (1) The Court may, at any time during mediation by a mediator, determine a question of fact or law that is referred to it by the mediator. Note: Under subsection 94H(1), the person conducting the mediation may refer to the Federal Court a question of fact or law that arises during mediation. Court may adopt agreement on facts (2) The Court may adopt any agreement on facts between the parties, reached during mediation by the mediator. Directions to attend or produce documents for the purposes of mediation (3) If a report is given to the Court under subsection 94N(5), the Court may make orders in similar terms to the directions that are the subject of the report. Note: Under subsection 94N(5), the person conducting the mediation may provide a report to the Court if the person has given a direction to a party to appear at the conference, or produce documents, and that direction has not been complied with. 86E Federal Court may request reports from a mediator (1) The Federal Court may request a mediator to provide reports on the progress of any mediation under this Division being undertaken by the mediator and may specify when the report is to be provided. (2) The Federal Court may request one or more mediators to provide either or both of the following so as to assist the Court in progressing proceedings in a State, Territory or other region of Australia: (a) a report on the progress of all mediations conducted by that mediator or those mediators in relation to areas within the Compilation No. 47 Native Title Act 1993 261 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021