OklahomaHorses Magazine July 2021

July/August 2021 • OklahomaHorses 25 ties 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 drain- ing 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 accept- able 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 prob- lem-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 gov- erning 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 reso- lution. 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 communi- ty-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 in- volved in the litigation process or wanting to avoid that step. You can find out 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 familiari- ty 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 posi- tional approach. Ask them their opinion on what the different processes will cost in time and money and the potential out- comes. Oklahoma Academy of Collaborative Professionals maintains a website at yourdi- vorcechoice.com with qualified profession- als 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 profession- als, or “coaches” who assist with identifying emotional triggers and facilitating produc- tive dialogue, and financial neutrals, who can gather, prepare and analyze financial information to streamline the process. Melissa Fell is a collaborative attorney and mediator in Tulsa currently serving as chair of the Tulsa County Bar Association Alternative Dispute Resolution section as well as president of the Oklahoma Academy of Collaborative Professionals. A lifelong equestrian, she has amassed state, national and world champion titles showing in Quarter Horse, National Snaffle Bit and Palomino associations. Lindsay Bippus Real Estate Broker / Owner 12342 E. 86th St. N. | Owasso 74055 (918) 706-3857 dreammakerrealtyok.com Looking to buy or sell a horse property in the greater Owasso area? Hand the reins to Lindsay Bippus at DreamMaker Realty, Owasso’s equine property specialist!