Legal & Litigation law firm by Lincoln & Morgan San Diego

Mediation and Forwarding law firm by Lincoln and Morgan today : We specialize in commercial mediation and UCC lien enforcement solutions. As specialists, we are able to guarantee the highest possible recovery of the secured assets, and where possible, effectively mediate lien releases. Oftentimes a mediated solution is achievable with the parties in lieu of collateral surrender. We diligently explore all options to ensure the best possible outcome. We consider all reasonable solutions prior to a final decision on enforcement. See additional information on https://www.lincolnandmorgan.com/.

We (Lincoln & 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.

We (Lincoln & 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%.

Mediation can be used successfully together with arbitration or litigation – where parties agree to seek to resolve a dispute by mediation first and only proceed to arbitration or litigation if the mediation fails to produce a settlement. Over 90 per cent. of commercial disputes are settled prior to a court or arbitration hearing. Critics of mediation therefore often question what mediation adds to the dispute compromise process that cannot be achieved through direct negotiations.