Determinations of the Federal Court Part 4 Mediation Division 4 Section 94D Division 4—Mediation 94D Mediation conferences Mediator may hold conferences (1) If the Federal Court refers the whole or a part of a proceeding under section 86B for mediation, the mediator may hold such conferences of the parties or their representatives as the mediator considers will help in resolving the matter. Note: The person conducting the mediation may request the Federal Court to refer for review by the NNTT the issue of whether there are native title rights and interests: see subsections 136GC(2) and (3). Who must conduct conferences (2) A conference must be conducted by: (a) if the mediator is an individual—the mediator; or (b) if the mediator is the NNTT—a member of the NNTT; or (c) in any other case—an individual nominated by the mediator. Assistance (3) Subject to an order made under subsection 86B(5C) in relation to the mediation, the person conducting the mediation may be assisted: (a) if the person is a member of the NNTT—by another member of the NNTT or a member of the staff assisting the NNTT; and (b) in any other case—by such other individuals as the person considers appropriate. Statements at conference are without prejudice (4) In a proceeding before the Court, unless the parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done at a conference. Compilation No. 47 Native Title Act 1993 281 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021