An arbitration hearing to settle the long-running dispute between Kevin Keegan and Newcastle United has begun.  Keegan reportedly wants £8 million in compensation for being constructively dismissed from his post as Newcastle manager due to a lack of autonomy over transfers.

The Guardian reports a panel consisting of two lawyers and one senior sports administrator will hear evidence from Dennis Wise, Newcastle's former director of football, and also listen to a counter-claim from Mike Ashley, the club's owner, that Keegan is culpable for breach of contract.

No. 15 - Mediation

Mediation is an alternative to litigation and can be cheaper, quicker and less stressful.  It is a voluntary process where an impartial and independent third party helps the parties negotiate a resolution to divorce disputes.  If the parties do not want to negotiate in person, a mediator may act as go-between.  Everything that occurs during mediation remains confidential and cannot be used in a later court hearing.

The parties, not the mediator nor a judge, decide the outcome.  Parties discuss their issues and concerns in a safe, neutral environment and have the opportunity to improve their communication and chances of long-term co-operation, often necessary where there are children.

No. 14 - Collaborative Law

Normally, when a marriage ends, the spouses appoint solicitors who conduct negotiations on behalf of the parties at arms-length, either by letter or telephone.  The divorce process can drag on for a long time and, in many cases, causes needless delay, frustration, and acrimony. 

Many cases end up in court - which is not cheap.  Last summer, Paul McCartney and Heather Mills were rumoured to have spent a combined total of £4 million on legal fees.  In challenging economic times, many people simply cannot afford to go to court, and the collaborative law process has gained increasing popularity.

The government has launched a new website to back up the Family Mediation Helpline.  The website gives advice on how to avoid damaging and expensive court battles by using mediation.  Mediation is an alternative to litigation and can be cheaper, quicker and less stressful.  It is a voluntary process where a neutral third party helps both sides to agree on the outcome.  In announcing the new site, the government said "the courts should be the last resort for people involved in family disputes."

Family Mediation Helpline 

HM's Courts Service launched the Family Mediation Helpline in May 2006.  Trained operators provide information to callers about family mediation, whether it is suitable for particular cases and whether parties may be eligible for public funding.  Families can call the helpline on 0845 602 6627.

1. What is ADR?

ADR is an acronym for "Alternative Dispute Resolution" - a catch-all term used to describe different methods to resolve legal disputes outside of court.

2. How do ADR schemes work?

Each scheme operates differently.  The forms of ADR most commonly used in the UK work as follows:

On Tuesday, The Times reported that increasing numbers of non-Muslims are turning to Sharia courts to resolve civil disputes.  The Muslim Arbitration Tribunal claims as many as 5% of its cases involve non-Muslims who use the courts because they are "less cumbersome and more informal than the English legal system."

Turns out 5% equates to a meagre 20 cases this year.  Still, the story does raise big legal questions:  First, concerning the validity of religious tribunals, whose rulings are legally binding under the Arbitration Act (provided the parties agree to that condition before arbitration begins).  Second, regarding state entanglement with religion, since it falls on the state to enforce the Sharia rulings should a party failure to comply with one.  And, third, respecting resolution of disputes outside the courtroom.