By Attorney Melissa Fell
If you are an animal owner or caretaker, you understand the responsibilities are
endless. The term “animal parent” has become more and more commonplace, and for good reason—it is much like parenting, but the “children” never grow up and take care of themselves. From the moment you take on the role, you are engaged in all aspects of taking care of the needs of your animal.
And this comes with duties and legal responsibilities, or the opposite; you are afforded rights that others may not be respecting or are subject to interpretation. Many times, these lead to a conflict with other people with whom you interact because of the animal in your care and control.
These conflicts or disputes can run the gamut, including emanating from events and social interactions to property, contract, divorce or end of a relationship, partnership and business agreements.
Let’s face it, just as we are protective and highly responsive to any issues
around our children and family, so it is with our animals. Our attachments run deep, and the financial investment can be very big as well. Any dispute in today’s environment can quickly turn litigious, with parties to the dispute becoming positional.
Most often, this leads to expensive legal processes that are costly not only in dollars but in time and energy as well. Typically, the litigation process is not designed to elicit results based on the interests and best solutions but rather to come to a decision, with a winner and loser, that doesn’t even address the underlying issue, nor does it help the parties find a peaceful resolution or protect the best interest of the animal involved.
But there are methods to resolving disputes that are much more efficient and yield far better results for those involved and their animals—these include methods of Alternative Dispute Resolution.
The American Bar Association describes Alternative Dispute Resolution (“ADR”) as “the process of solving disputes without litigation.” This process can occur at any point
of a dispute, even prior to one erupting to keep things from escalating and to work out agreements to avoid disputes.
Forms of ADR include mediation, negotiation, settlement conference and collaborative process. Almost any type of dispute or potential dispute other than a criminal matter can be resolved through ADR whether it is business, contract or property. Since animals are considered property of the owner, most matters involving domestic animals are considered civil disputes.
Equine-related (horse) disputes can arise out of all aspects of ownership and involvement, including buying and selling, care and feeding, hauling, boarding, training, and competition, such as rodeo, showing, eventing and racing. Many disagreements arise out of the care of the animals veterinary, farrier and other third-party services, such as training and boarding.
Other parties may be brought in because they have an interest, such as insurers for those parties or the animals. The interests may be financial, such as someone feels they are owed money, or rights and responsibilities related to activities or duty to perform services.
Common financial disputes emanate from buy/sell agreements and pre-purchase exams when undisclosed or unknown issues arise after the exchange. One has to look at the type of relationship that is involved in these tight-knit circles that bears protecting and healing rather than destroying.
Having a long, drawn out vicious legal battle does not bode well for maintaining good relationships with your favorite local vet or farrier and can lead to uncomfortable interactions at events.
When we look at small animals, or companion animals and pets, such as dogs and cats, we see some similar types of disputes, including purchase and breeding as well as disputes between neighbors because of a barking or aggressive dog. While making a call to the local law enforcement may provide an immediate resolution, the longterm issue of finding a way to continue to get along with your neighbor is ultimately the goal.
People are by nature very emotionally attached and protective of their pets. We have a visceral reaction to them being threatened or the thought of having them removed from our care. What if you were able to proceed with a method of resolving the conflict with an option that would address the underlying issues and allow both parties to be valued as well as find a resolution for the animal?
If the issue is the enforcement of a contract or agreement, then look at the ways that the intent of the parties can still be honored in different ways, which sometimes may lead to an even better outcome.
We even see animals become a source of disagreement in divorce and family matters deciding who gets possession and who shall bear expenses and responsibility related to the household pets and other animals and for children’s activities, such as horseback riding.
These issues all cut to a very emotional response, often needing problem-solving to allow for the continuation of the time with the animal or activity, with sharing of care and expenses while taking the child’s well-being into consideration. Some creative options have been worked out that include divorced couples sharing custody of their pets with a visitation schedule or allowing children to take pets back and forth to each parent’s home.
Finding ways for children’s riding activities to continue can be a source of acrimony, but allowing for options that take into consideration costs and time are better resolved in a problem-solving environment than by a judge who does not have the benefit of delving into the needs and interests and must make a decision only based on facts and information presented in the limited court time provided.
Many disputes arise because the parties fail to use a clearly worded written agreement or from sight unseen transactions whether from online or long-distance arrangements. All of these disputes end up coming down to a battle of perspectives that can become very costly and time-consuming to try to prove one’s position.
When involved in traditional litigation, the parties engage in many processes out of their own control, including filing and responding to pleadings, discovery which can entail providing detailed responses to written requests, taking the time to provide copies of documents, in-person depositions, and hiring and paying experts for their opinions. All of this is controlled by the
court process and attorneys who are on their time schedule, not yours.
In the meantime, continued costs for caring for the animal which is the subject of the dispute accrue, or possible opportunities that are in dispute are missed because of the length of the process.
Either way, it is not an efficient means to resolve disputes. It can take years to resolve with out-of-control costs that could end up with less than desirable outcomes, whereas ADR can provide avenues of options that are focused on the needs and interests of the parties.
If you ask almost any person if they want to have a lengthy, costly, emotionally draining process to resolve a dispute, or would they rather engage in a process that allows them to express their concerns and explore various ways that they can find an acceptable outcome and move on with their lives, we know what the answer will be.
Being able to move more directly into a process that allows for creative problem-solving, that explores the needs and interests of the parties and also the animals, provides a much more tailored result that the parties are a part of crafting. One of the main purposes of the alternative dispute resolution process is that the parties agree to the final outcome, which, while it may not be ideal, is almost always much more palatable than rolling the dice for a judge to make a decision that they have no control over and are bound to.
Some disputes will, by their nature, involve attorneys, insurance companies (more attorneys) and even possibly governing organizations or law enforcement. That does not mean that you cannot work toward an out of court resolution from the beginning of the case or ask for mediation throughout the process. Almost all judges will require some form of mediation prior to moving into trial.
It is necessary to be reasonable in your expectations with alternative dispute resolution. Keep in mind the goal you are really trying to achieve. While most disputes appear at first to just come down to money, when you step back and look at options, it is usually more about being heard and having a positive resolution.
How do you find a dispute resolution
professional when you need one? There are many resources available: Oklahoma has a robust Alternative Dispute Resolution system, made up of 13 regional community-based centers, also referred to as Early Settlement Mediation Centers. These options utilize community volunteers who are trained in the process of mediation.
The Early Settlement Mediation program provides free services to disputants through this program, whether you are already involved in the litigation process or wanting to avoid that step. You can find more information at adrs.oscn.net.
Breed associations and clubs may have a list of referrals or professionals within the organization for dispute resolution.
Your attorney should have familiarity with various methods of Alternative Dispute Resolution; don’t be afraid to ask when you are interviewing an attorney if they will work with you to move forward in this manner, if that is your preference. Some attorneys have an aversion to ADR and prefer to litigate or work from a positional approach. Ask them their opinion on what the different processes will cost in time and
money and the potential outcomes.
Oklahoma Academy of Collaborative Professionals maintains a website at yourdivorcechoice.com with qualified professionals who are all trained mediators as well as collaborative process professionals. While the link suggests disputes related to family matters, the collaborative process lends itself well to a myriad of types of disputes especially involving emotional matters.
The team approach brings together trained attorneys, mental health professionals, or “coaches” who assist with identifying emotional triggers and facilitating productive dialogue, and financial neutrals, who can gather, prepare and analyze financial information to streamline the process.
