MasterLegal® Services

A patented process for credit collection,
advanced research models and rating algorithms for workflow management

Integrated services for credit collection in the pre-injurious and judicial phase throughout the country

In the current economic environment there are increasingly numerous situations that require an efficient management of credit collection in the pre-injurious and judicial phase throughout the country.

The exponential growth of insolvency cases and low ticket values has prompted Sistemia to seek an innovative solution for collection actions combining the use of advanced operational search models and rating algorithms for workflow process management aimed at maximizing company return on investment and minimizing collection times.

Thanks to its experience in credit management, the expertise of a dedicated legal team and the competence of process engineers, Sistemia was able to translate this rapidly growing market into a patented integrated process for credit collection, called MasterLegal®.

The MasterLegal® Solution that Sistemia has developed allows the user to combine the need to evaluate, in a preventive and innovative manner, the risk that a company has in undertaking an expensive legal action with the likelihood of a successful credit recovery action.

The developed MasterLegal® service provides the following benefits

  • Complete information on the debtor since the Pre-Judicial phase.
  • The automatic calculation of deserving positions of judicial actions according to complex algorithms of the Operational Research (Patent).
  • The possibility of attacking the lowest ticket.
  • The ability to handle high volumes of practices.
  • The practice uniformity across the country.
  • The suspensions/oppositions minimisation through “self-learning”.
  • The Unique interface with all addresses.
  • The Unique dashboard for real-time access to the web by the customer.
  • The information on individual positions centrally managed by the platform.
  • The automatic addressing on the best executive action.
  • The Documentation Integrated Management.
  • The Maximisation of recovered credits percentage.
  • The extremely effective Phone Collection thanks to leverages on solvency and court action.

The Assisted Negotiation, the new frontier of MasterLegal®.

The range of possibilities at a company’s disposal and related to controversy management is widened: court proceedings are accompanied by conciliated procedures in the out-of-court area.

Master Legal is a tool that is taking a leading role in the Italian credit management and collection sector.

Creditors find this type of solution to be both effective and fast, especially in responses to managing their credits.

The tools recently given by the legislator to deal with unsolved cases, such as assisted negotiation, are still new for many economists.

For these reasons we decided to speak about Master Legal and assisted negotiations with an expert in this sector: Avv. Marina Rotoli from Sistemia, an Italian leader Master Legal company, and thanks to her expertise we are entering this new way of working.

In which context does this institute fit in and which are the aims?

With the introduction of Legislative Decree no. 132/2014, converted with amendments in Law no. 162/2014, there is a wide range of possibilities at companies disposal to deal with controversy: court proceedings are accompanied by conciliated procedures in the out-of-court area.

The purpose of the legislator is to dissuade the parties to turn towards the judicial authority, favoring or even imposing as mandatory the use of alternative means to solve the dispute.

The assisted negotiation procedure is part of the wider regulatory framework for Alternative Dispute Resolution (ADR) in the wake of French participatory procedures and US collaborative negotiation, with the primary aim of defraying the judicial burden, in favor of a genuine bargaining between attorneys enrolled in the Register of the two parties in conflict, to reach an out-of-court agreement which, if it is signed by both, acquires the value of a real executive title.

What does it change for those who work in this sector?

The prospect of lawmakers, therefore, must no longer be to-become a natural winner/loser in the traditional sense, but a winner/winner situation, aiming at reconciliation, dialogue, loyal cooperation and good faith to resolve the dispute in a more amicable manner.

But there is more: the legislator provided that the experiment of the negotiated procedure becomes mandatory or a condition for the legality of the application for all those who intend to bring an action for compensation of vehicle and boats damage, or those who wish to apply for a payment in any form whatsoever of sums of money not exceeding fifty thousand euros; in these cases, therefore, it is recommended to invite the other party to enter into an assisted trading agreement. The legislator has also been wary of sanctioning the party that doesn’t favor the conciliatory dialectic (strength of assisted negotiation): in fact, the failure to respond to the call within 30 days of its receipt or refusal is evaluated by the judge for the purpose of the costs of judgment and the provisions of articles n.96 (aggravated liability/punitive lite) and n.642 paragraph 1, Civil Code.

Hence the need for a company, in particular, to deal with passive litigation in the context of the assisted negotiation process, avoiding the consequences of the sanctions described and reducing the costs of completing the said procedure.

Which are the advantages offered by Master Legal in providing this type of service?

The Industrialisation for the management of many requests of assisted negotiation represents the distinctive feature of the service offered by a Master Legal (compared to a legal office) and allows our customers to achieve a number of advantages: centralised procedure management through the use of an advanced platform equipped with approbatory workflow and a dedicated documentary manager for the purpose of efficiency, transparency, continuous and immediate monitoring of all entrusted practices, legal and management cost control. It is also important that the procedure is followed by a pool of specialised lawyers with the purpose of concluding the settled agreement following the assisted negotiation agreement, thus avoiding the obvious conflict of interest that might arise, in case the procedure is entrusted to the same lawyer in charge of handling litigation. This is just what Sistemia Ltd. already does; it is the only nationwide servicer for primary operators in the energy field, from managing the call up to the conclusion of the agreements, using Master Legal activity, as company for years engaged in such activities, so much that it acquired the registered trademark.

In managing the assisted negotiation, Sistemia Ltd. uses a team of lawyers via Master Legal. These lawyers are highly specialized in conducting negotiations and settling agreements, which are naturally inclined to use collaborative intelligence to solve out-of-court controversy thus avoiding aggravating expenses and long waiting times while at the same time ensuring a high quality and competence; the rehearsal of the natural disposition of Sistemia’s lawyer for the handling the negotiations and the resolution of disputes in a good faith is evident from the years of experience gained in the field of judicial and out-of-court credit collection (Master Legal) in favor of Agents for tax collection, Primary Financial Institutions and Utilities.

by Marco Recchi © Private Playback

 

Interview to Avv. Marina Rotoli, Head of Assisted Negotiation, Sistemia SpA.