High quality mediation and forwarding legal solutions 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. Discover more info at Lincoln and Morgan law firm.

We (Lincoln and Morgan) can perform in-depth and detailed financial investigations on each company and guarantor. This gives us the confidence upfront to know we are making a solid decision in the pursuit of the secured collateral. In the event the investigation shows possible discrepancies in the financial documents provided by the recipient we can notify the Lien Holder of the discrepancies so that a decision on all the possible methods of remedy can be considered.

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.

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.

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.