Excellent mediation and forwarding law services by Lincoln & Morgan : We perform in-depth and detailed financial investigations on each UCC lien enforcement matter. This includes both the commercial entity as well as the guarantors, landlords and successor entities involved. This gives us the confidence and knowledge needed to pursue each collateral investigation. In the event the investigation reveals possible discrepancies in the borrower’s financial documents, we can then notify the lien holder so that a decision can be made on possible avenues of remedy. Find even more information at Lincoln & Morgan.
Our Mission: To Provide the Best Solutions and Outcome For all Parties! We (Lincoln and Morgan) diligently attempt to work with recipients, landlords and successor entities to quickly and reasonably resolve encumbrances in lieu of taking possession of the collateral. While we are not always successful in mediating a proper release, as some parties are uncooperative, we do encourage all of the parties responsible for the pledged collateral to feel free to contact our offices at any time. We are open to discuss the matter in detail and explore any possible solutions there maybe. We understand the complexities that are involved for each party and therefore we welcome your open and honest discourse.
Mediation will not be appropriate in all circumstances. In particular: where the parties require emergency relief, for example, a court injunction (although mediation may be able to assist in resolving the underlying dispute); where a legal or commercial precedent needs to be set; where one or more of the parties wishes the case to be heard in public; it is unlikely to add value if the parties themselves are capable of handling direct negotiations efficiently and effectively; or if it is clear that the other side has no intention to settle but just wants to use mediation as a delaying tactic.
Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.
Mediation is a process whereby a neutral third party facilitates negotiations between the parties to a dispute to help them find a consensual outcome. The mediator is actively involved but generally has no power to adjudicate or say who is right and who is wrong. Importantly, in a mediation the parties retain ultimate control over the decision of whether to settle and on what terms. The increasing use of mediation throughout the world has largely been attributed to the encouragement given by courts to use mediation as an aid to settlement. Many jurisdictions (such as England and Australia) have written mediation into their court processes.