Top rated commercial UCC lien mediation law services from Lincoln and Morgan : 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. See more information at https://business.google.com/photos/l/15770983261549049322?hl=en.
Our Mission: To Provide the Best Solutions and Outcome For all Parties! We (Lincoln & 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.
Preparation: Having agreed to mediate, the parties will need to appoint a mediator and draw up the mediation agreement. This agreement will evidence the fact that the parties have agreed to resolve their differences by mediation, and record the date and venue of the mediation, the choice of mediator and who will attend. Other issues it should cover include costs of the mediation and how these will be split between the parties, and the fact that the mediation is confidential and without prejudice. In terms of preparing for the mediation itself, the parties exchange written submissions together with any supporting documents in advance. These are usually summaries of the parties’ respective legal cases and commercial positions.
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%.
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.