Determinations of the Federal Court Part 4 Reference for mediation Division 1B Section 86C Court considers that the mediator may be able to assist the Court in relation to a proceeding. (2) To avoid doubt, subsection 94D(4) applies to the mediator when appearing before the Court. (3) Subsection 94D(5) does not prevent: (a) the mediator from appearing before the Court under subsection (1); or (b) if the mediator may appear before the Court under subsection (1) and the person conducting the mediation is not the mediator—that person from representing the mediator before the Court. (4) This section does not give the mediator, or the person conducting the mediation, the right to become a party to the proceeding. 86C Cessation of mediation Court may order mediation to cease (1) The Court may, of its own motion, at any time in a proceeding, order that mediation by a mediator is to cease in relation to the whole or a part of the proceeding if the Court considers that: (a) any further mediation will be unnecessary in relation to the whole or that part; or (b) there is no likelihood of the parties being able to reach agreement in the course of mediation by the mediator 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) it is appropriate to do so for any other reason. Party may seek cessation of mediation (2) A party to a proceeding may, at any time after 3 months after the start of mediation by a mediator, apply to the Court for an order that the mediation cease in relation to the whole of the proceeding or a part of the proceeding. Compilation No. 47 Native Title Act 1993 259 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021