Excellent legal & litigation law services with Lincoln and Morgan : All too frequently, the recipients of commercial funding choose to avoid properly surrendering the pledged collateral upon default. Often they choose instead to evade the UCC Lien holder and their rights to the collateral and retain, remove or even sell the secured collateral without authorization. This improper and intentional avoidance increases the costs and difficulty for the lien holder in securing their rights to the pledged collateral. Find even more details at Lincoln and Morgan law firm.
We (Lincoln and Morgan) specialize in only Commercial Mediation, UCC Lien Enforcement solutions, thereby guaranteeing the highest possible recovery of the secured assets and where possible lien releases. If a simple mediation solution is achievable in lieu of collateral surrender we will explore all options presented to ensure the best possible outcome is reached for all involved. We will consider all reasonable solutions prior to a final decision. We specialize in only Commercial Mediation and Litigation solutions, thereby guaranteeing our clients the highest possible recovery of both the cash that was due and the customer when repeat sales are desired!
Preparation: Having agreed to mediate, the parties will need to appoint a mediator and draw up the mediation agreement. This agreement will evidence the fact that the parties have agreed to resolve their differences by mediation, and record the date and venue of the mediation, the choice of mediator and who will attend. Other issues it should cover include costs of the mediation and how these will be split between the parties, and the fact that the mediation is confidential and without prejudice. In terms of preparing for the mediation itself, the parties exchange written submissions together with any supporting documents in advance. These are usually summaries of the parties’ respective legal cases and commercial positions.
We (Lincoln & Morgan) have a solid network of the best creditors rights attorneys available nationwide to further mediate and, when necessary, proceed with legal recovery of the funds and secured assets. We can provide a complete custom tailored location services and asset inspections. We have partnered with the best Asset locator’s and Inspectors in the country. They can locate and identify the secured collateral quickly, effectively and for less cost than typical solutions.
Mediation can be used successfully together with arbitration or litigation – where parties agree to seek to resolve a dispute by mediation first and only proceed to arbitration or litigation if the mediation fails to produce a settlement. Over 90 per cent. of commercial disputes are settled prior to a court or arbitration hearing. Critics of mediation therefore often question what mediation adds to the dispute compromise process that cannot be achieved through direct negotiations.
