By Debra Hamilton, Esq., Conflict Coach/Consultant, Mediator
In recent years, our understanding of companion animals has evolved significantly. No longer viewed merely as property, pets are increasingly recognized as family members in both social and legal contexts. This shift has created a new area of specialized mediation practice: Companion Animal Mediation.
Why Companion Animal Mediation Matters
As companion animals become more central to our lives, disputes involving them have grown more complex. Consider these scenarios:
- A divorcing couple unable to agree on who should keep their beloved dog
- Family members disagreeing over the implementation of a pet trust after a loved one’s passing
- A pet owner and veterinarian in conflict over an alleged treatment error
- Neighbors in dispute over animal-related issues such as noise or property boundaries
Traditional approaches to mediation often fall short in these cases because they fail to address the deep emotional bonds and unique legal considerations involved. Companion animal disputes require mediators who understand both the emotional dynamics and the evolving legal landscape.
The Legal Evolution
Seven states—Alaska, Illinois, California, New Hampshire, New York, Maine, and Rhode Island—have now adopted “best interest” or “well-being” standards for pets in divorce cases. This represents a significant departure from the traditional property-based approach to companion animals in legal proceedings.
Even in states without specific legislation, courts are increasingly willing to consider creative solutions for pet custody arrangements, including shared custody agreements, visitation schedules, and financial support provisions.
The Specialized Knowledge Required
Effective companion animal mediators must possess knowledge across multiple domains:
- Understanding of the human-animal bond and its impact on dispute resolution
- Familiarity with evolving companion animal laws across various practice areas
- Skills for managing the heightened emotions often present in pet-related disputes
- Ability to craft creative solutions that respect both legal requirements and emotional attachments
- Knowledge of documentation requirements for creating enforceable agreements
Applications Beyond Divorce
While pet custody in divorce cases often receives the most attention, companion animal mediation applies to numerous other scenarios:
- Estate planning disputes involving pet trusts and caregiving arrangements
- Liability cases involving animal injuries or property damage
- Veterinary disputes regarding treatment decisions or alleged malpractice
- Contractual disagreements with breeders, rescue organizations, or adoption agencies
- Housing conflicts involving condominiums, HOAs, or landlord-tenant relationships
- Service and emotional support animal accommodation disputes
A Growing Professional Opportunity
As public awareness of animal welfare continues to increase and the legal status of companion animals evolves, the demand for specialized mediators in this field will only grow. Attorneys and mediators who develop expertise in this area position themselves to serve a meaningful and expanding niche.
Professional Development Opportunity
For legal professionals and mediators interested in developing expertise in this growing field, the Hamilton Law and Mediation (HLM) Companion Animal Mediation Specialist (CAMS) Certification Program offers comprehensive training taught by Debra Hamilton, a pioneer in companion animal mediation.
The five-module program covers the foundations of companion animal law, divorce and separation mediation, estate planning and trust mediation, liability and veterinary disputes, and emerging areas in the field.
Participants who complete the program receive certification as a Companion Animal Mediation Specialist, practical resources for their practice, and listing in the HLM directory of certified specialists.
The program is currently being offered at a special rate for ABA ADR Conference attendees. For more information or to register, visit: bit.ly/CAMSprogram
Debra Hamilton
