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"Don't Litigate... Arbitrate" an Arbitration Paper by Stephen Scarlett

More and more matters are being sent to arbitration these days. Many arbitrations are arranged by the parties’ lawyers, knowing how long it will take for their matter to obtain a date for a final hearing. In many cases, the Family Court (whilst there still one) or the Federal Circuit Court will direct the parties to take their matter to arbitration.

This paper is written by DRCA Arbitrator and Collaborative Mediator, Stephen Scarlett and sets out the process of Arbitration and the benefits that it offers.

Stephen Scarlett was a Judge of the Federal Circuit of Australia in Sydney until 28 July 2016, having served in that Court and its predecessor, the Federal Magistrates Court, from 19 June 2000. Previously, he was a Magistrate of the Local Court of New South Wales from 1988 and the Senior Children’s Magistrate of the Children’s Court of NSW from 1995 until June 2000.

Prior to his appointment to the Local Court, he practised as a solicitor in Parkes NSW from 1971 until 1988.

He was accredited as a mediator under the NMAS on 2 December 2016 and conducts mediations in family law and other matters quite frequently.

He has been accredited as an Arbitrator since 2 October 2018 and regularly conducts family law arbitrations. His name can be found on the AIFLAM list of arbitrators.