Mediation and Forwarding legal solutions with Lincoln & Morgan San Diego, CA : 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. See additional info on 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!
Other advantages of mediation include: the process is consensual – either party can walk away; the process is forward-looking and can maintain the business relationship between the parties more effectively than litigation/arbitration, which are both retrospective and antagonistic forms of dispute resolution; what is said in mediation is confidential and without prejudice (up to the point where agreement is reached)4; and the parties are able to agree on solutions that would be beyond the scope of a judge or an arbitrator, for example, finding a “win/win” solution by introducing commercial issues not the subject of an existing dispute.
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.
However, mediation is more than simple negotiation, it is a technique for enhancing negotiation which shifts the focus from the parties’ respective positions to settlement itself. Whereas negotiations usually take place between the lawyers and are part of the adversarial process, mediation is a process in itself into which all the parties – the commercial parties and their lawyers – invest time and effort. At least a day will be set aside with all key players physically present and the presence of the mediator – the independent third party – creates a sense of formality and a “day in court”. This provides a structure and discipline to the negotiation, encourages negotiation and enhances the seriousness of the intention to settle.