26Referral by court

#### 26 Referral by court 26 Referral by court (cf Act No 52 1970, section 110K; Act No 9 1973, section 164A; Act No 11 1970, section 21L) > > (1) If it considers the circumstances appropriate, the court may, by order, refer any proceedings before it, or part of any such proceedings, for mediation by a mediator, and may do so either with or without the consent of the parties to the proceedings concerned. > > > (2) The mediation is to be undertaken by a mediator agreed to by the parties or appointed by the court, who may (but need not be) a listed mediator. > > > (2A) Without limiting subsections (1) and (2), the court may refer proceedings or part of proceedings for mediation under the [Community Justice Centres Act 1983](/view/html/inforce/current/act-1983-127). > > > (3) In this section, listed mediator means a mediator appointed in accordance with a practice note with respect to the nomination and appointment of persons to be mediators for the purposes of this Part. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\]. > > **s 26:** Am 2007 No 70, Sch 2.1 \[1\].