Native Title in Australia - Native Title Mediation

Native Title Mediation

Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Due to the large number of respondents to native title applications, the process of mediation differs somewhat from that of other mediations. Rather than the parties referring a dispute to mediation, the Federal Court determines whether the National Native Title Tribunal or some other mediating body should mediate a matter. The mediator does not decide whether native title should be recognised over the land in question; rather it has the role of mediating contested applications and applications for compensation which are lodged in the Federal Court.

The parties must mandatorily attend a native-title mediation unless the Court has granted leave. However, the parties can apply for the termination of the mediation at any time later than three months after the commencement of the mediation.

As familiarity with the provisions and processes of the Native Title Act 1993 has become more widespread, the use of voluntary Indigenous Land Use Agreements and consensual determinations of native title applications is now not uncommon.