Question

Read the following hypothetical case and answer the question that follows (there is no one correct answer): Cindy and Clowie have a dispute regarding ownership of a dog, Rascal. Cindy removed Rascal's tags in order to give him a bath. Knowing what was coming, Rascal made a run for it and ended up at Clowie's home down the street. When Cindy saw Clowie walking Rascal, she demanded his return. Clowie refused. A lawyer in the neighborhood suggested either an early neutral case evaluation or a mediation in an attempt to resolve the feud. Describe mediation and neutral case evaluation. Which would you suggest and why? Or do you suggest a different approach--if so, why?

Answer 1

A mediation is an interactive process in which two parties try to resolve a conflict. This method requires the help of a mediator, who is an impartial third party who is specialized in the resolution of conflict through methods such as communication and negotiation techniques.

On the other hand, a neutral case evaluation is a process in which a neutral person examines the evidence and gives his opinion on the case. This is a relatively quick and easy procedure that can help both parties manage their expectations.

I would recommend a mediation in this case. It is clear that both parties have great interest in the dog. However, it is also likely that both parties would want to benefit the dog more than themselves. Because of this, I believe that they would be more open to talking and discussing alternatives. Through mediation, it could be possible for both parties to be reasonably satisfied with the outcome.