Financial Investigations law services by Lincoln & Morgan San Diego, CA : 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 details at Lincoln and Morgan.
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.
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.
The results of this survey clearly demonstrate the critical importance of taking positive action when an accounts receivable ages past its due date. Today’s competitive economy requires that companies maintain a healthy cash flow with the ability to adapt to changing market conditions. Companies must take a hard line on past due receivables, and turn them over to professional help when their internal efforts have not proved successful and within 120 days.
Mediation is a process whereby a neutral third party facilitates negotiations between the parties to a dispute to help them find a consensual outcome. The mediator is actively involved but generally has no power to adjudicate or say who is right and who is wrong. Importantly, in a mediation the parties retain ultimate control over the decision of whether to settle and on what terms. The increasing use of mediation throughout the world has largely been attributed to the encouragement given by courts to use mediation as an aid to settlement. Many jurisdictions (such as England and Australia) have written mediation into their court processes.