169Mediation

#### 169 Mediation (1) The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, to a mediator for mediation in accordance with the Rules of Court. (2) Subsection (1) has effect subject to the Rules of Court. (3) Referrals under subsection (1) to a mediator may be made with or without the consent of the parties to the proceedings. (4) Evidence of anything said, or of any admission made, at a conference conducted by a mediator in the course of mediating anything referred under subsection (1) is not admissible: (a) in any court (whether exercising federal jurisdiction or not); or (b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence. (5) A mediator has, in mediating anything referred under subsection (1), the same protection and immunity as a Judge of the Federal Court has in performing the functions of a Judge.