Legal & Litigation legal solutions by Lincoln and Morgan San Diego
Best mediation and forwarding legal solutions by Lincoln & Morgan : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. Find additional information at Lincoln and Morgan.
Full Service International Department: We (Lincoln and Morgan) have senior investigators with many years of experience that have recovered in over 70 countries and have the means and capabilities to do so in over 200 countries worldwide. We (Lincoln and Morgan) maintain a multilingual staff and offer translating services in over 100 countries. Flexibility in Approach: Historical studies conducted by the U.S. Department of Economics reveal that each day after a receivable becomes 90 days past due, you have a problem, regardless of the reasons provided by the customer. We (Lincoln and Morgan) can do the “soft audit” mediation for your existing clients through a full-scale litigation recovery effort.
Does it work? According to the main proponents of mediation: yes. Even if settlement is not achieved, one key benefit of mediation is that parties often leave the mediation with a better understanding of the issues in their own and the other side’s case. Mediation also offers an insight into the parties’ commercial as well as legal concerns which may explain why many cases that do not settle on the day settle shortly thereafter. How does it work? One of the main characteristics (and advantages) of mediation is flexibility: the identity of the mediator and the procedure and format are agreed by the parties in accordance with their commercial needs. As such, there is no universal procedure but typically, commercial mediations go through at least four main phases.
We (Lincoln and Morgan) pledge the highest possible results all while providing a professional, ethical and transparent approach for all parties affected. We are committed to offering excellence in all aspects of the process. At any point in the process, prior to retrieval, we are open to mediate with all parties for the proper release of the UCC liens and security agreements involved. According to a survey of members of the Commercial Law League of America, the probability of full recovery on a delinquent account drops dramatically with the length of delinquency. For example, even after only three months, the probability of recovering a delinquent account drops to 73.1%. After six months, 50% of delinquent accounts will never be recovered. After one year, the probability of ever recovering a delinquent account drops to 25%.
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.