94HReferral of questions of fact or law

94H  Referral of questions of fact or law Referral of questions to Federal Court  (1) Subject to subsections (2) and (3), if the person conducting the mediation considers that it would expedite the reaching of an agreement on any matter that is the subject of mediation, he or she may refer to the Federal Court a question of fact or law relating to a proceeding that arises during the mediation. Note: Under subsection 86D(1), the Federal Court may determine a question of fact or law that a mediator refers to it.  (2) If the person conducting the mediation is not a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:  (a) on the initiative of the person; or  (b) at the request of a party.  (3) If the person conducting the mediation is a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:  (a) on the initiative of the person, if a presidential member agrees; or  (b) at the request of a party.  (4) If a question of fact or law arising during mediation has been referred to the Court under this section, the person conducting the mediation may continue mediation if he or she considers that it is appropriate.