Animals in Alternative Dispute Resolution Proceedings

Animals In Alternative Dispute Resolution Proceedings

By: Delilah van Tol

When you think of Alternative Dispute Resolution, you probably do not think of animals. You might wonder what the connection between animals and ADR might be. This blogpost will enhance the importance of animal assistance, and in this case, animal assistance in ADR proceedings.

There are multiple types of assistance animals; there are the service animal, emotional support animal, and therapy/facility animals. [1] New Fla. Stat. 92.55 authorizes judges to allow children to have therapy dogs in proceedings that involve abuse and neglect, and intellectually disabled persons to have therapy dogs and facility dogs present for court proceedings as a way to reduce trauma and facilitate testimony.[2] There is a difference between a service animal and an assistance animal. A service animal is an animal specifically trained to provide a certain task for its owner. And an assistance animal is not necessarily trained for a task besides keeping the owner company.[3] The question is what are the advantages and disadvantages of having animal assistance?

Service animals' advantages are that people with disabilities should always be provided equal access, which shall not be the case when denying animals. Furthermore, assistance animals create a more stable environment for the parties involved in the legal proceedings; animals are known for their capability to alleviate anxiety and depressing feelings. It is important that all parties are comfortable during ADR to have an effective proceeding.[4] Overall, create assistance and service animals a very effective and comfortable environment. In a lot of Court, proceedings are organizations providing animal assistance, especially in cases that are involved with children. Organizations like; Courthouse Dogs Foundation’s and Therapy Dogs Supporting Kids (TASK) Program Manual.[5] As it shows to be effective during court proceedings, there are not many reasons why it should not be working in ADR proceedings .

However, there are disadvantages when it comes to animal assistance in ADR. In ADR, it is of importance that both parties are being pleased and when one of the parties is scared or allergic it will have a negative impact on that parties experience.[6] Furthermore, there are infectious diseases that can be transmitted between animals and humans. For example, Ringworm, Lyme disease, and rabies, etc.[7] Moreover, working with animals will always bring biting/scratching or other hazards with them. Animals might react differently or aggressively in a stressful environment. ADR can result in a heated situation, which might create a nerve reckoning situation for the animal. The assistance animals should be adequately trained. Certain dogs are more likely to be used as they have a more calm and friendly nature (for example, Labrador or Golden retriever).

Another very important topic is the welfare of the animals. 5 Freedoms have been established to ensure the welfare of the assistance animals; (1) Freedom From Hunger and Thirst, (2) Freedom of Discomfort, (3) Freedom from Pain, Injury, or Disease, (4) Freedom to express normal Behavior, and (5) Freedom from Fear and Distress.[8]

The welfare of all parties is important, which includes the assistance of animals. Nevertheless, assistance animals could create a positive outcome during ADR proceedings, and every party, if wishes, should have the aims to be provided with an assistance animal.

[1] UDS Foundation, “Types of Service Dogs and How They Benefit People with Disabilities” (February 15, 2020) https://udservices.org/blog/types-of-service-dogs/ > Accessed 31-03-2021

[2] The 2020 Florida Statutes, Article 92.55

[3] The Humane Society of the US, “The Fair Housing Act and Assistance Animals” https://www.humanesociety.org/resources/fair-housing-act-and-assistance-animals > Accessed 01-04-2021

[4] Ibid.

[5] Animals & Society Institute, "Animals in Court and Related Settings” (2020) https://www.animalsandsociety.org/helping-animals-and-people/for-judges-prosecutors-and-criminal-justice-professionals/resources-for-professionals-interested-in-including-animals-in-court-and-related-settings/ > Accessed 01-04-2021

[6] Hannah Nichols, “What to know about animal allergies” (February 10, 2021) https://www.medicalnewstoday.com/articles/animal-allergy#remedies > Accessed 31-03-2021

[7] I Ghasemzadeh and SH Namazi, “Review of bacterial and viral zoonotic infections transmitted by dogs” (J Med Life. 2015; 8(Spec Iss 4): 1–5) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5319273/ > Accessed 31-03-2021

[8] ASPCA, :Guiding Principles:  https://www.aspca.org/about-us/aspca-policy-and-position-statements/guiding-principles > Accessed 31-03-2021