High quality commercial UCC lien mediation law firm with Lincoln and Morgan : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. Discover even more information on 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.
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) have a solid network of the best creditors rights attorneys available nationwide to further mediate and, when necessary, proceed with legal recovery of the funds and secured assets. We can provide a complete custom tailored location services and asset inspections. We have partnered with the best Asset locator’s and Inspectors in the country. They can locate and identify the secured collateral quickly, effectively and for less cost than typical solutions.
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.