Part 4 Determinations of the Federal Court Division 4 Mediation Section 94H (a) the document is in the possession, custody or control of the party; and (b) the production of the document may assist the parties to reach agreement on any matters mentioned in subsection 86A(1) or (2). 94H Referral of questions of fact or law Referral of questions to Federal Court (1) Subject to subsections (2) and (3), if the person conducting the mediation considers that it would expedite the reaching of an agreement on any matter that is the subject of mediation, he or she may refer to the Federal Court a question of fact or law relating to a proceeding that arises during the mediation. Note: Under subsection 86D(1), the Federal Court may determine a question of fact or law that a mediator refers to it. Person conducting the mediation not a consultant (2) If the person conducting the mediation is not a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section: (a) on the initiative of the person; or (b) at the request of a party. Person conducting the mediation a consultant (3) If the person conducting the mediation is a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section: (a) on the initiative of the person, if a presidential member agrees; or (b) at the request of a party. 284 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021