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). 260 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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