Mediation as an Instrument for Animal Justice

A Roadmap to Regulate Pet Custody in Divorce Proceedings

Abstract

This paper addresses the growing complexity of pet custody disputes in divorces, recognizing them as members of "multispecies families". The main objective is to propose mediation as the most evolved tool to resolve these conflicts, focusing on shared responsibilities rather than property rights. The methodology used is a documentary and comparative analysis, contrasting the adversarial judicial system with the collaborative approach of mediation, which focuses on the well-being of all involved. The results show that mediation is the ideal setting, as it drastically reduces economic and emotional costs and offers the flexibility to create personalized agreements. These tailored pacts can regulate custody, visitation, distribution of expenses, health decisions, and future contingencies in detail, something a court could not impose. In conclusion, the study affirms that the widespread adoption of mediation is an indicator of the justice system's maturity. It represents a more empathetic and effective family justice system that protects relationships and the well-being of all family members, constituting a constructive path that prioritizes animal welfare and the emotional stability of the people involved.