86CCessation of mediation

86C  Cessation of mediation

Court may order mediation to cease

 (1) The Court may, of its own motion, at any time in a proceeding, order that mediation by a mediator is to cease in relation to the whole or a part of the proceeding if the Court considers that:

 (a) any further mediation will be unnecessary in relation to the whole or that part; or

 (b) there is no likelihood of the parties being able to reach agreement in the course of mediation by the mediator 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) it is appropriate to do so for any other reason.

Party may seek cessation of mediation

 (2) A party to a proceeding may, at any time after 3 months after the start of mediation by a mediator, apply to the Court for an order  that the mediation cease in relation to the whole of the proceeding or a part of the proceeding.

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).