WHEN ANIMALS ARE PART OF MEDIATION

Recently, I was asked if animals have any rights during mediation.

Because the laws are slowly changing, I can share one example where the disputants were able to consider the rights of the animal(s) in question.

A young couple who had no children decided they wanted to separate. They consulted with an attorney who recommended they first meet with a mediator to decide on the division of assets and liabilities. Their assets were modest and their liabilities exceeded their liquid assets, which required they agree on the details of selling their home.

The next few months were difficult for the couple. The wife was on a fast track for advancement at her job and felt her husband was holding her back socially and emotionally. The husband, who held strong moral beliefs, was convinced his wife was having affairs with colleagues.

After working through this negative period, they agreed to a separation. Although the dividing of assets and liabilities was addressed, the issue of their two dogs remained.

It was easy to decide each would get one dog since the pets were part of their lives and been a source of comfort during their last few stressful months.  But then, the husband asked if it was fair to the dogs to separate them as the two had grown up together.

 Just as separating parents with children face issues of custody and visitation, separating couples with animals face similar issues. Both shared their view that the dogs had rights, including to continue their relationship with each other. The couple discussed sharing custody of both dogs exchanging residences weekly. Ultimately, they agreed each would have custody of one of the dogs, but they would arrange their schedules so the pets could run and play with one another at least three times a week. They further agreed if either of them became unable to continue ownership, their dog would be reunited with the other.

 While U.S. law may not yet fully recognize the rights of animals, people in disputes can individually best deal with how pets should be treated through mediation as this separating couple did.