Download - Nipped in the bud.....not in the butt
Date: October 9-11, 2013 Photo-Niene’s Moodlab (CR)
Nipped in the Bud.....Not in the Butt.By Debra Vey Voda-Hamilton, Esq. Hamilton Law and Mediation, PLLC
An Introduction to ADR & Animal Conflict Resolution
People in Conflict over an Animal
Divorce: Shared Custody - Same Sex Couples and Long Term relationships where the pet is the child.
Neighbor Disputes: Barking – Destruction - Fear (Suburbs and Apts.). – Play Groups/Dog Parks.
Commercial Conflicts: Kennel - Dog Walker – Groomer.
Contract: Breeder – Owner – Handler.
Med Mal: Veterinarian - Physical Therapist – Chiropractor.
It is not about the fight in the dog park
A pet’s place in our lives and in society in general.
Current state of pet ownership in the US and Abroad:
55.5 million in pet food and pet related items in 21013.
pure bred vs. shelter adoption.
A pet’s value? Common Law or Common Sense?
Courtroom reception of Animal Conflicts
Family Court : Custody battles over property?
Civil Suits : Value of a lost Pet? Property or something more?
Criminal : Dog bites Dog/ Dog Bites Man- Cruelty/Abuse - Domestic Violence.
Estate Issues : I'm dead or I'm not dead yet – preparation.
Mediation and the Animal Kingdom
Emotion vs. Rule of law.
Party Driven Resolution : Do they know what’s best?
Safe environment for discussion.
Discussion : Pre/Post Litigation, Criminal/Civil.
Is there a place for retained relationships?
Confidentiality : May have value for precedent avoidance?
Animal Law Attorneys in the room
Animal Law Attorneys : ‘Rabid’ about litigating.
Meeting a Need : When litigation of a cause of action is unwise.
Drafting : Helping write a solution the court can enforce.
Client Needs : Met in a more meaningful way.
Property Law : Not a limiting factor in mediation.
Use mediation Before/During /After
In Summary......Who Knew??
Mediation meets the parties’ needs in a unique way.
Less money spent - better results.
Less time spent in conflict - past/present /future.
Retained relationship.
Helps overcome threshold discussion of property and liability.
May avoid residual insurance or criminal ramifications (for people and pets).
Resources
http://www.americanpetproducts.org/press_industrytrends.asp
http://articles.businessinsider.com/2012-03-27/news/31243089_1_pet-spending-kibbles-and-bits-vet-expenses
http://www.veterinarypracticenews.com/vet-breaking-news/2012/05/14/report-pet-ownership-up-spending-down.aspx
http://www.vachss.com/guest_dispatches/ascione_2.html
http://www.nytimes.com/1982/08/11/garden/owning-a-pet-can-have-therapeutic-value.html?pagewanted=all
http://www.greaterkashmir.com/news/2010/Nov/23/the-human-animal-conflict-21.asp
Join the Group DiscussionHamilton Law and Mediation
The American Institute for Alternative Animal Resolution, AIAAR (CR) ™
Peaceful Animal Issue Resolution, PAIR (cr)
Debra Vey Voda-Hamilton - Hamilton Law & Mediation, PLLC”Trailblazing a New Way to Address Conflicts Between People Involving Animals"
Tel. 914-273-1085 email: [email protected] | www.hamiltonlawandmediation.comBlog: hamiltonlawandmediation.blogspot.com | Twitter - @HLawMediation Linked in: www.linkedin.com/in/debrahamilton413
The American Institute of Alternative Animal Conflict Resolutionwww.aiaacr.com - under construction
PAIR - Peaceful Animal Issue Resolution – www.pair-hlm.com -under construction
CR -All rights reserved – AIAACR/PAIR and HLM
