(1)  A court may, by order, refer a matter arising in proceedings before it (other than criminal proceedings) for mediation or neutral evaluation if the court considers the circumstances appropriate and whether or not the parties to the proceedings consent to the referral.

(2)  The mediator or evaluator may, but need not be, a person whose name is on a list compiled under this Act.

(3)  The parties to the proceedings may agree as to who is to be the mediator or evaluator for the matter but, in default of agreement, the mediator or evaluator is to be the registrar or his or her nominee.