Legal & Litigation law services by Lincoln and Morgan today : 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 additional info at Lincoln and Morgan.
We (Lincoln & 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 fact that parties can engage without being seen to lose face as mediation is a planned part of the dispute resolution process; the mediator can be entrusted with the “true” position of each party as to where it will settle, hence he can help the parties to bridge the gap between them since he will know how wide the gap truly is as opposed to the parties’ public statements; a mediator does not judge the issues but facilitates agreements which can be committed to in a binding form.
The results of this survey clearly demonstrate the critical importance of taking positive action when an accounts receivable ages past its due date. Today’s competitive economy requires that companies maintain a healthy cash flow with the ability to adapt to changing market conditions. Companies must take a hard line on past due receivables, and turn them over to professional help when their internal efforts have not proved successful and within 120 days.
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.