Native Title Indigenous Mediator and Indigenous Facilitator List

The Preamble to the Native Title Act states that: “A special procedure needs to be available for the just and proper ascertainment of native title rights and interests which will ensure that, if possible, this is done by conciliation and, if not, in a manner that has due regard to their unique character.”

Legislative amendments to the Native Title Act in 2009 and 2012 transferred all mediation functions associated with native title applications to the Court.

While Court registrars conduct most mediations of native title proceedings, in 2010 the Court first compiled a list of mediators to be available to parties in the proceedings and the Court to assist in the mediation of native title cases where appropriate. In 2025, following both internal and external consultation, the Court amended the list to a list of qualified and experienced Indigenous mediators and facilitators.

Referral process to an external mediator or facilitator

A case or part of a case may be referred by order of the Court to a mediator or facilitator other than a judicial registrar of the Court at the request of a party to a proceeding or on the Court's own initiative. The Court may invite the parties to nominate a preferred mediator or facilitator or to provide a list of preferred persons.

Careful consideration will be given to the views of the parties, although ultimately the referral and appointment of a mediator is a matter for the Court.

Parties may also choose to engage mediators and facilitators privately.

The Court’s list of Indigenous mediators and facilitators is intended to assist in this process.

Fees

The fees and other expenses paid to Indigenous mediators and facilitators engaged through a Court referral process are set out in the  Native Title Indigenous Mediator and Indigenous Facilitator  List – Expressions of Interest (docx, 65kb).

Review of the List

The Court aims to review the list of Indigenous mediators and facilitators every two years. The Court will advertise this review on its website and through relevant platforms. However, the Court welcomes expressions of interest from Indigenous Mediators or Indigenous Facilitators at any time. All applicants for inclusion on the list will need to read and complete an Expression of Interest (EOI) form (docx, 65 kb) and return the form and required documents to the Court for consideration by emailing it to sanativetitle@fedcourt.gov.au.

Importantly, the EOI Form provides that:

• the selection of a mediator or facilitator for inclusion on the list does not create a contract between the mediator and the Court; and
• inclusion on the list does not necessarily mean that the mediator or facilitator will be appointed to a matter.

Contact Person

Registrar Amarah Henderson-Wilson
National Registrar - Native Title 
sanativetitle@fedcourt.gov.au