TulsaPets Magazine July 2021

July/August 2021 • TulsaPets 11 By Attorney Melissa Fell I f you are an animal owner or caretaker, you understand the responsibilities are endless. The term “animal parent” has be- come 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 af- forded rights that others may not be respect- ing 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 protec- tive 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 en- vironment 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 solu- tions 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 liti- gation.” 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, nego- tiation, settlement conference and collabo- rative 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 involve- ment, 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 veteri- nary, 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 inter- ests 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 com- panion 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 long- term 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 IT DOESN’T HAVE TO GET UGLY Alternative Dispute Resolution