Legal & Litigation law services by Lincoln & 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. Read 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.
We (Lincoln and Morgan) are available to assist in training our clients to understand A/R management from 31 days past due and beyond. This ensures minimal losses and calculated cash flow to keep your business profitable and growing! We also provide a complete in house program including a series of letters for our clients to follow to ensure that receivables are recovered internally when possible and your cash flow is quick and steady. We’re here to push your boundaries to generate more awareness, interest, and interactions. We’ll take your business further than you ever thought it could go.
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.