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Mediation and Forwarding law services from Lincoln & Morgan California : 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 even more information on Lincoln and Morgan.

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.

Other advantages of mediation include: the fact that parties can engage without being seen to lose face as mediation is a planned part of the dispute resolution process; the mediator can be entrusted with the “true” position of each party as to where it will settle, hence he can help the parties to bridge the gap between them since he will know how wide the gap truly is as opposed to the parties’ public statements; a mediator does not judge the issues but facilitates agreements which can be committed to in a binding form.

We (Lincoln & 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.

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.