Great Article by my colleague Julie Fershtman.
Read about Risk of Loss in a contract involving an animal in layman’s terms.
Then ask yourself, did I have this conversation with the person I am contracting with?
If not, can I use mediation to resolve a conflict that may arise under the R of L or generally in a loos situation if there is no R of L agreement, to avoid costly litigation.
The answer is always yes! The parties must agree to have the conversation in mediation however it will more closely address what they really want. Litigation can always happen after you have a guided conversation with a mediator. However, you may not ever need to litigate. Try it in this instance, you may find it appropriately meets your needs.