MEDIATIONS INVOLVING ANIMAL COMPANIONS

A growing area of interest and concern is how mediation can help with disputes involving animals. This includes companion animals, show animals, horses and livestock, fish (such as aquaculture), insects (such as beehives), and basically all non-human creatures.

In the United States, animals are generally considered property in the courts, much to the distress of their human companions. A 2016 Harris Poll revealed that 95% of humans consider their animal companion to be a member of their family. That gap in status is a continuing source of conflict and emotional stress.

The list of disputes than can include animals is long, but the following are the most common:

  • Veterinary malpractice

  • Disputes with groomers and others who provide services

  • Pet sales

  • Landlord-tenant

  • Dog bite

  • Partnership agreements involving livestock or horses

  • Neighborhood disputes involving animals

  •  Divorce and family low matters involving animals such as custody and ownership

  • Probate matters involving pets such as in estate planning

Even though the legal status of animals is property, humans attach great emotional value to these companions. And it is that emotion which makes these disputes best handled with mediation. While a provider’s liability may be limited to the animal’s sale value as property, in almost all cases the emotional value means more and is deeply felt.

I myself have mediated with couples dividing up their property in separation agreements. In every case assets and debts are easily handled. It is the animals that can bring up emotion and guilt. Often the agreement includes visitation rights—sometimes not for the humans, but for the animals.

At times, disputes involving animals can have a significant dollar value attached. One case involved the possession and use of breeding sperm from a champion race horse.

Increasingly there is a growing recognition that while animals do not have legal rights, they are granted legal considerations, that is, as sentient beings, not objects and are protected by a growing list of safeguards.

One of the first mediations I was ever part of concerned two neighbors in court regarding a rooster crowing during early morning hours. The parties could not reach an agreement and their dispute actually ended up in court. I remember the judge checked zoning regulations and determined that having a rooster was permitted and ruled “just as birds got to fly, roosters got to crow, so get used to it.”

Peter Costanzo