nipped in the bud.....not in the butt
DESCRIPTION
Thursday, October 10, 2013 4pm - 5:30pm This program will introduce the often over-looked kingdom of people in conflict about animals. These conflicts are not readily resolvable in Court in a way that serves anyone's purpose. Property, criminal and civil statutes and laws bind the courts. The outcomes, in many instances, serve neither party's best interest. In this course we will explore where conflicts arise, how people traditionally handle these conflicts and how the ADR professional can supply his/her much-needed expertise to the parties enabling them to arrive at a resolution that is truly party driven. The emotions surrounding a conflict involving a pet are akin to those faced in child custody cases. There are no laws protecting the animal in a custody disputes, they are decided using property law. It is expensive to fight a pet conflict so people often suffer in silence with their pets or because of someone else's pet. The attendees will be able to expand their practice in divorce, landlord tenant, med mal or contract/commercial by using ADR to resolve conflicts between people about an animal. The need for ADR in this field is overwhelming. This program will enable the participants to add Animal Conflicts to their quiver of services supplied to those looking for a different way of speaking about and solving conflicts between people over animals. Debra Vey Voda-HamiltonTRANSCRIPT
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