Determinations of the Federal Court Part 4 Reference for mediation Division 1B Section 86B (a) any mediation will be unnecessary in relation to the whole or that part, whether because of an agreement between the parties about the whole or the part of the proceeding or for any other reason; or (b) there is no likelihood of the parties being able to reach agreement in the course of mediation under this Act 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) the applicant in relation to the application under section 61 has not provided sufficient detail (whether in the application or otherwise) about the matters mentioned in subsection 86A(1) or (2) in relation to the whole or that part. Factors to take into account (4) In deciding whether to make an order that there be no mediation under this Act in relation to the whole of the proceeding or a part of the proceeding, the Court is to take the following factors into account: (a) the number of parties; (b) the number of those parties who have appointed the same agent under section 84B or same representative; (c) how long it is likely to take to reach agreement on the matters set out in subsection 86A(1) or (2) in relation to the whole or the part of the proceeding; (d) the size of the area involved; (e) the nature and extent of any non-native title rights and interests in relation to the land and waters in the area; (f) any other factor that the Court considers relevant. Whole or part of a proceeding may be referred at any time (5) In addition to referring a proceeding for mediation under subsection (1), the Court may, at any time in a proceeding, refer the whole or a part of the proceeding to an appropriate person or body for mediation if the Court considers that the parties will be Compilation No. 47 Native Title Act 1993 257 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021