MacElree Harvey, Ltd.

Initiative in Practice

John F. McKenna

Mediation and Arbitration

by

Mediation and Arbitration

In the realm of dispute resolution, finding effective and efficient solutions is paramount. Mediation and arbitration offer distinct advantages in terms of cost-effectiveness compared to traditional lawsuits.

Welcome to MH MA, MacElree Harvey’s Mediation and Arbitration practice, where we specialize in navigating the delicate balance between conflicting parties, guiding them toward mutually beneficial agreements.

Both mediation and arbitration empower parties to control the pace of their dispute resolution, leading to faster and more economical outcomes compared to the protracted timelines often associated with courtroom litigation. The ability to tailor the process to specific needs and priorities makes mediation and arbitration attractive options for those seeking a more cost-conscious approach to resolving legal conflicts.

Why Choose Mediation and Arbitration?

Mediation:
In mediation, the collaborative nature of the process allows parties to share the expenses, making it a more affordable alternative. Moreover, the swift resolution achieved through mediation often translates to reduced legal fees and minimized court-related expenditures. Our skilled mediators, including Partners John McKenna, Marie Crossley, Daniel Crossland, and attorneys and former Judges Lou Mincarelli and Ronald Nagle, act as neutral facilitators, fostering open communication and collaboration between disputing parties. Mediation provides a confidential and flexible environment, allowing the parties to explore creative solutions that address their unique concerns. Our goal is to empower clients to actively participate in shaping their resolution.

Arbitration:
When a more formal process is necessary, our arbitration services provide a structured alternative to traditional litigation. Our team carefully considers the evidence and arguments presented by each side, delivering a binding decision that streamlines the resolution process while maintaining fairness and impartiality.

Arbitration, while providing a more formal structure than mediation, still tends to be more cost-effective than traditional litigation. The streamlined nature of arbitration proceedings results in quicker resolutions, thereby reducing the overall financial burden on the involved parties. Additionally, the avoidance of lengthy court processes and associated administrative costs contributes to the efficiency and affordability of arbitration.

What Sets MacElree Harvey Apart?

Expertise:
Our team, led by John McKenna, Lou Mincarelli, Marie Crossley, Daniel Crossland, and Ronald Nagle, comprises seasoned professionals with a deep understanding of the nuances of mediation and arbitration across various industries. From commercial disputes to employment issues, we bring a wealth of knowledge to the table, ensuring comprehensive and effective dispute-resolution strategies.

Client-Centric Approach:
At MacElree Harvey, we prioritize our clients’ unique needs and goals. Our Mediation and Arbitration practice is founded on a client-centric philosophy, tailoring our approach to meet the specific requirements of each case. We guide our clients through every step of the process, providing clarity and confidence in the face of uncertainty.

Efficiency and Cost-Effectiveness:
Recognizing the value of time and resources, we strive for efficiency without compromising the quality of our services. Mediation and arbitration often offer swifter resolutions compared to traditional litigation, minimizing the financial and emotional costs associated with prolonged legal battles.

Explore the Possibilities:

Whether you are a business seeking to resolve a commercial dispute or an individual navigating a personal conflict, MacElree Harvey’s Mediations and Arbitrations practice is dedicated to guiding you toward a resolution that aligns with your objectives. Explore the possibilities with MacElree Harvey and discover a collaborative approach to dispute resolution.

Ready to embark on the journey of mediation or arbitration? Contact John McKenna, Marie Crossley, Daniel Crossland, Lou Mincarelli or Ronald Nagle today, or reach out to MacElree Harvey to schedule a consultation and take the first step towards resolving your dispute effectively and efficiently.

ATTORNEYS

OFFICES

ARTICLES

ALL PRACTICE AREAS

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Guardianships

by

The attorneys in the Estate and Trust Litigation Department at MacElree Harvey also handle Guardianship matters in Pennsylvania, Delaware and New Jersey before the Pennsylvania Orphans’ Court Divisions of the Court of Common Pleas, the Delaware Chancery Court and the New Jersey Superior Court, Chancery Division. Guardianships entail both matters involving children, and matters involving incapacitated persons.

Matters involving Guardianships for children usually entail a close relative, sibling or friend consenting to being the guardian for a child for various reasons. Typically, it is because the mother and father are not available, either temporarily or permanently. A Guardianship allows the relative or friend to register the child in their school district, obtain Federal and State aid and provide a stable home for the child. The procedure is not too difficult, but it does involve the giving of notice to all next-of-kin. Usually there is a Hearing and the Court will award Guardianship unless it is convinced that it would not be in the best interests of the child to do so.

Guardianships for adult incapacitated persons is a much more complex area of the law. The hearings themselves involve two basic areas: the finding of incapacity and the appointment of a Guardian. In order for the person to be found incapacitated, there is need for expert testimony, usually a doctor, psychologist or professional of comparable education and expertise. The testimony of the expert is either entered through a witness deposition, or by live testimony. The second, and often more difficult, problem is that of appointing a Guardian of the Person and a Guardian of the Estate. The Guardian of the Person handles all of the alleged incapacitated person’s personal care and health issues. The Guardian of the Estate, on the other hand, handles all of the financial affairs of the alleged incapacitated person.

Filing a Petition for Guardianship has often been used in situations where a Power of Attorney is abusing his or her obligations and, sometimes, is mishandling the funds for their own personal gain. The Guardianship proceeding puts the Court in the middle of these disputes and, if successful, the Petitioner for the Guardianship can gain control of the assets, with the Court overseeing the handling of the assets and the care. Guardians, once appointed, must file an Inventory and must file an Annual Report. Those reports are audited by the Court system, with a considerable amount of diligence.

Members of our Estate and Trust Litigation Group have backgrounds in various disciplines, including psychology, law and accounting. Many of our members have been named as Super Lawyers in Philadelphia Magazine and Top Lawyers in Main Line Today. We understand the sensitivity of the situation of a loved one in need of care and guidance.

Finally, the Orphans’ Court of Chester County, Pennsylvania has a Mediation Program. This has been an effective tool to avoid excess legal costs by having the family meet and resolve their issues, resulting in a stipulated agreement as formally entered into as an Order of the Court for enforcement and oversight. John F. McKenna, our Chairman of the Estate and Trust Litigation Department is a Court-Approved Guardian.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Banking & Finance Law

by

Banking & Finance Law

At MacElree Harvey, our banking, finance, and commercial lending attorneys provide comprehensive services to help clients navigate today’s complex financial landscape. We represent both borrowers and lenders — including banks, savings associations, credit unions, finance companies, private lenders, and other financial institutions — in transactions of all sizes, from routine loans to multi-million-dollar credit facilities.

Borrower & Lender Representation

Our attorneys handle a wide variety of financing transactions, including:

· Commercial loans and construction loans

· Lines of credit and letters of credit

· Multi-bank credit facilities and tax-exempt loan facilities

· Bond issues and asset-backed or secured loans

· Real estate loans, loan participations, and equipment financing

We represent lenders and borrowers in new financing, as well as refinancing and restructuring existing debt.

Corporate, Real Estate & Nonprofit Financing

In addition to representing traditional lenders, we counsel corporate clients, real estate developers, and nonprofit organizations on the structuring, negotiation, and documentation of:

· Credit facilities

· Equipment leases

· Private placements

· Bank-qualified loans

Our team also has extensive experience in tax-exempt finance. We have served as borrower’s counsel and bond counsel in financing for manufacturing companies, qualified 501(c)(3) organizations, and public-private development projects.

Strategic & Collaborative Approach

Known for creativity and flexibility, we design loan and collateral structures tailored to each transaction. We frequently collaborate with colleagues in corporate law, real estate, and tax to deliver results-oriented, value-added solutions.

Loan Enforcement & Defense

Legal services for loan enforcement, typically provided to lenders and creditors, involves a range of actions to recover funds from a defaulting borrower, while defense of an enforcement action involves assisting borrowers in combatting the claims of lenders and creditors. We provide legal representation of both. The specific services required depend on whether the loan is secured by collateral, such as a property, or is unsecured. Secured loans are backed by collateral that the lender can repossess or seize if the borrower defaults. Legal services for these loans often include: negotiating workouts and restructuring; repossession; foreclosure and sheriff sales of real estate or personal property; replevin actions: deficiency judgments; deeds in lieu of foreclosure. Unsecured loans, such as personal loans or other obligations, are not backed by collateral. When a borrower defaults, legal services focus on obtaining a money judgment against the debtor. Services include: commencing litigation; judgment enforcement through post-judgment remedies; attachment of property; bank garnishments; and placing a lien on the debtor’s assets, like real estate, to satisfy the debt.

Representative Matters

· Represented an early-stage environmental manufacturing company in a venture capital convertible bridge loan financing

· Represented four nonprofit corporations affiliated with state universities in the issuance of over $300 million in qualified 501(c)(3) bonds to construct student housing facilities, including negotiation of bond, credit, real estate, and construction agreements

· Represented the issuer of a letter of credit in a $27 million public bond financing for the construction of a YMCA facility

· Represented a bank as senior creditor in the reorganization of a company’s stock ownership and the restructuring of $10 million in collective working capital lines of credit and permanent loans

FAQ: Banking & Finance Law Terms Explained

What is the difference between a secured loan and an unsecured loan? A secured loan is backed by collateral — such as real estate, equipment, or other assets — that the lender can claim if the borrower defaults. An unsecured loan relies solely on the borrower’s creditworthiness and does not require collateral.

What does a banking and finance attorney do? A banking and finance lawyer advises lenders, borrowers, and investors on structuring, negotiating, and documenting loan and credit transactions. They also ensure compliance with lending regulations and help resolve disputes.

What is tax-exempt financing? Tax-exempt financing allows certain borrowers — such as nonprofit organizations and qualifying projects — to obtain financing where interest income is exempt from federal (and sometimes state) taxes, often resulting in lower borrowing costs.

What is bond counsel? Bond counsel provides a legal opinion on the validity and tax status of bonds issued in a financing. They ensure that the bond issuance complies with all legal and regulatory requirements.

What is the difference between a letter of credit and a line of credit? A line of credit provides a borrower with access to funds up to a set limit, which can be drawn and repaid over time. A letter of credit is a guarantee issued by a bank to a third party that payment will be made if certain conditions are met, often used in large transactions and international trade.

Who needs a commercial lending attorney? Any business, developer, nonprofit, or financial institution involved in a lending or financing transaction can benefit from a commercial lending attorney to safeguard their interests and ensure compliance.

PRACTICE AREAS

ATTORNEYS

OFFICES

ARTICLES

No posts found.

ALL PRACTICE AREAS

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Commercial Litigation

by

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Alternative Dispute Resolution

by

In many legal matters, going to trial is the least desirable way to reach an outcome. Litigation costs can be very high and emotions can run the gamut of apprehension to anger and even worse. Using Alternative Dispute Resolution, parties can resolve business disagreements, estate and trust disputes, family law matters and other legal disputes in a more efficient and surprisingly more satisfactory way than heated courtroom battles.

The process of Alternative Dispute Resolution is valuable because it involves a knowledgeable, neutral person to provide a forum in which a parties can settle their differences.

At MacElree Harvey both our Pennsylvania and Delaware attorneys often use Alternative Dispute Resolution to facilitate resolution of our clients’ legal disputes. In addition, the Firm has several attorneys who offer Alternative Dispute Resolution services as part of their practice by serving as Mediators and Arbitrators.

The use of Alternative Dispute Resolution forums to resolve disputes in Pennsylvania and Delaware has expanded greatly in the past thirty years. Many types of disputes are particularly suited to resolution through mediation or arbitration. Some examples include:

  • Divorce
  • Custody
  • Personal injury
  • Estate matters
  • Employment conflicts
  • Breach of contract

The primary methods of Alternative Dispute Resolution are Mediation and Arbitration, which are chosen depending on the client’s individual situation, and desired manner of interacting with the process and the other parties involved.

Mediation
Mediation is a process by which parties to a dispute use a neutral party to attempt to facilitate a mutually agreeable resolution to their conflict. It is a confidential process in which the mediator, an impartial third party, directs settlement discussions, but does not render a judgment on any issue in dispute. The mediator helps the parties reach their own negotiated settlement by holding joint sessions with all parties present followed by caucuses with each party individually, during which issues are defined, emotions are defused, and potential resolutions are discussed. Mediation is a non-adversarial way to resolve conflicts, including lawsuits. A mediator can facilitate the parties in conflict to frame the business problem caused by the conflict, hear the parties out, and engage them in the process of working through the conflict to reach an agreement acceptable to the parties that includes gives and takes, and specific behavior.

Arbitration
When Arbitration is used, a neutral person (called an arbitrator) hears arguments and evidence from each side, then, in contrast to Mediation, decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Participants in Arbitration may choose for the outcome to be considered binding or non-binding. When the outcome is binding, the right to a trial is waived, and participants agree to accept the arbitrator’s decision as final, often with no right to appeal. When participants choose nonbinding Arbitration means that the parties are free to request a trial if they do not accept the arbitrator’s decision.

MacElree Harvey attorneys have the experience to serve as arbitrators, mediators and to represent parties at mediations and arbitrations in disputes throughout Pennsylvania and Delaware.

Filed Under: Uncategorized

Trust & Estate Litigation

by

Estate Litigation encompasses all matters that would be heard in the Orphans’ Court division in the Court of Common Pleas. These types of disputes involve guardianships, will contests, trust terminations, estate tax appeals, accounting, and other litigation involving decedents’ estates.

Our attorneys who practice in this area represent executors, beneficiaries, banks, family business partnerships, trust companies and non-profit organizations. Not only does the area of estate litigation involve decedents’ estates and trusts, but also matters involving financial disputes concerning minor’s estates. The attorneys often interpret wills, trust documents and non-profit corporate articles of incorporation.

The estate litigation department often, and with increasing frequency, refers matters to private alternative dispute resolution. In matters involving family disputes, it is often desirable for the families to resolve their differences in a non-courtroom setting. However, in matters such as surcharge actions or Petitions to Remove Executors, our attorneys are well versed in the special Orphans’ Court rules established for disputes in the Court of Common Pleas of Pennsylvania.

There is also an increase in fiduciary liability cases. These are matters that often deal with self-dealing and fraud issues when a Power of Attorney, Trustee or Executor/Administrator of an estate is defending or prosecuting actions of wrongful taking from the entities that they have been charged to financially oversee. These matters typically involve accounting, surcharge actions, and actions to assess liability and damages.

Representative Cases

  • Successfully filed a Petition with the Orphans’ Court to modify a Trust so that it could be terminated and the proceeds of the Trust were distributed to adult children when the purpose of the Trust was no longer being met. That purpose of the Trust was to protect the interests of any unborn children at the death of the Settlor. Since there were no such children, the Trust needed to be terminated.
  • Helped a family deal with an incapacitated elder parent by finding a Guardianship protective service agency and a financial institution to act as Guardians of the person and of the estate, respectively. The agency Guardian of the person managed the nursing and activities of daily living needs of the elderly parent, while the financial institution invested and managed the funds.
  • The Pennsylvania Department of Revenue denied a deduction on an estate tax return based on the valuation of a minority shareholder issue. The court upheld a Petition filed by our office challenging the denial of the deduction.
  • A non-profit corporation decided to dissolve and distribute its assets.  A Petition was filed by our office and was successful in obtaining court approval of the schedule of distribution.
  • It was alleged that a Will was forged. Our office filed a Petition challenging said Will and it was established, through an expert, that the signature of the Decedent was traced. The matter successfully settled out of court.
  • An Executor was taking money from an estate. Our office brought an action on behalf of the beneficiaries. The Executor was surcharged and ordered not only to put back the amount that he had taken from the estate but also reimburse the estate for the cost of the fees that were incurred.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

LEGAL SERVICES

ABOUT US

NEWS & INSIGHTS

OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
Learn More

Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
Learn More

West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
Learn More