Arbitration and Mediation Office of Lee Hornberger
6730 Mission Ridge
Traverse City, Michigan 49868-6131
“In the middle of every difficulty lies opportunity.”
Arbitration is an alternative dispute resolution procedure that helps parties confidentially resolve situations without with court litigation. Arbitration can be agreed to before a dispute arises as well as after a dispute has arisen or a court proceeding has started.
The parties mutually select a neutral person to be the arbitrator. There is usually a written agreement providing for arbitrator selection, procedure, issues, confidentiality, arbitrator authority, discovery, the type of award, and award enforcement. Arbitration can be conducted in private. The parties are free to select an arbitrator with subject matter expertise, the availability to quickly hear the case, the confidence of the parties, and the authority to render a final and binding decision.
Lee Hornberger is an arbitrator with the American Arbitration Association, Federal Mediation and Conciliation Service, Financial Industry Regulatory Authority, Forum, Michigan Employment Relations Commission, National Arbitration and Mediation, National Futures Association, National Mediation Board, United Mine Workers of America and Bituminous Coal Operators' Association, and Central Michigan University and Central Michigan University Faculty Association panel of arbitrators. He is a member of the National Academy of Distinguished Neutrals and the Professional Resolution Experts of Michigan (PREMi).
He is in The Best Lawyers of America 2018 and 2019 for arbitration and 2020 for arbitration and mediation. He is on the 2016, 2017, 2018, and 2019 Michigan Super Lawyers lists for alternative dispute resolution.
He has been a Grand Traverse Band of Ottawa and Chippewa Indians Hearing Officer; on the Little Traverse Bay Bands of Odawa Indians Hearing Officer list; and a Michigan Civil Rights Commission Hearing Referee.
His published awards include 139 LA 1721, 139 LA 1462 (2019), 139 LA 771 (2019), 139 LA 181 (2018), 138 LA 1765 (2018), 138 LA 1295 (2018), 137 LA 1424 (2017), 137 LA 231 (2017), 135 LA 1247 (2015), 134 LA 1108 (2015), 133 LA 1324 (2014), 133 LA 1277 (2014), 133 LA 41 (2014), 132 LA 1798 (2014), 132 LA 1242 (2013), 132 LA 1089 (2013), 131 LA 1401 (2013), 131 LA 945 (2013), 131 LA 415 (2012), 130 LA 1363 (2012); 129 LA 300, 11-2 ARB §5311 (2011); 128 LA 749, 11-1 ARB §5142 (2010).
The industries in which he has been involved with arbitration include include bakery, banking, beverage, broadcasting, building products, canning, communication, construction, dairy, education, food, health care, hotels/motels/casinos/resorts, hospital/nursing home, meat packing, metal fabrication, mining, office workers/clerical, organizations, packaging, police and fire, printing and publishing, person guard, retail stores, transportation, trucking and storage, utilities, and warehousing.
The issues in arbitration with which he has been involved include absenteeism, arbitrability, attorney fee, back pay, bargaining unit work, breach of duty, conduct, constructive discharge, conversion, discipline (union-discharge), discipline (discharge), discrimination: age, disability, drug/alcohol offenses, race, religion, sex, and national origin; expungment, Fair Credit Billing Act, fiduciary duty, fraud, fringe benefits: holidays, vacation, job posting/bidding, harassment, health/hospitalization; labor grades, last chance agreement, layoffs/bumping/recall, longevity pay, management rights, medical leave, mentoring, Michigan Prudent Investor Rule, Michigan Uniform Securities Act, Michigan Uniform Trade Secrets Act, paid time off, past practice, persona non grata, recapture, remedy, safety/heath conditions, Securities Exchange Act, sexual harassment, social media, subcontracting/contracting out, tenure/reappointment, tortious interference, violence/threats, wage rates, Wages and Fringe Benefits Act, work hours/schedules/assignments, and working conditions/work orders.
His arbitration training includes AAA: Exceeded Powers: Recent Trends in Cases Challenging Arbitrator Authority; AAA: Efficient and Cost Effective Arbitration; AAA Advanced Case Management; AAA Arbitrator I; AAA Labor Arbitrator II; AAA Labor Arbitrator; AAA Safeguarding, Deciding and Writing Awards; AAA Managing Cases Involving Pro Se Parties; FMCS Labor Arbitrator; MERC Arbitrator; FINRA Expungement, NASD Securities Arbitrator; NASD Arbitration Chairperson; NASD Expungement; National Academy of Arbitrators Due Process Protocol; NFA Arbitrator; NFA Prehearing Conference; and NYSE Securities Arbitrator.
His other arbitration experience includes Arbitrator, Hamilton County, Ohio, Common Pleas Court. He has completed the ICLE Family Law Certificate Program, cosponsored by Family Law Section of State Bar of Michigan.
His publications include "Michigan Arbitration, Case Evaluation, and Mediation Case Law Update," Labor and Employment Lawnotes (Spring 2010); "Michigan Family Law Arbitration and Mediation Case Law Update," Michigan Family Law Journal (March 2010); "Recent Developments in Michigan Arbitration, Case Evaluation, and Mediation Law," Labor and Employment Lawnotes (Fall 2009); Contributor, Defusing Workplace Time-Bombs: Drafting Employment Agreements and Policies to Prevent Disputes, Avoid Tax Traps, and Settle Cases (ALI-ABA 2008); "The Impact of the Due Process Protocol Principles on Arbitration of Statutory Employment Disputes," Labor and Employment Lawnotes (Fall 2007); "Mediation and Arbitration for the Entrepreneur," Your Chamber News (April 2007); "Mediation for the General Practitioner," The General Practitioner (Nov-Dec 2006); "Effective Mediation Preparation," Michigan Lawyers Weekly (Sep 4, 2006); "Reflections on Mediation," The ADR Newsletter (Aug 2006); "Unemployment Compensation Noncontest Provisions in Settlement Agreements," Labor and Employment Lawnotes (Spring 2006); "Police and Fire Department Arbitration," ADR Newsletter (May 2006); "Settlement Agreements (Part II)," Labor and Employment Lawnotes (Winter 2006)(co-author with Kiffi Ford); "Settlement Agreements (Part I)," Labor and Employment Lawnotes (Fall 2005)(co-author with Kiffi Ford); "HIPAA and Mental Health Records Disclosure in Mediation," ADR Newsletter (Oct 2005)(co-author with Robert Tremp); and "Overview of a Pre-Dispute Employment Resolution Process," ADR Newsletter (Feb 2005).
His presentations include Michigan Arbitration and Mediation Domestic Relations Case Law updates; ICLE Family Law Institute (2016); Michigan Arbitration and Mediation Case Law Update, State Bar of Michigan ADR Section Annual Meeting and Conference (2018, 2017, 2016, and 2015); Arbitration and Mediation Law Recent Developments, GTLA Bar Association (2010, 2009, and 2008); Arbitration and Mediation: Resolving Disputes Without Litigation, Northwestern Michigan College and Traverse City Area Chamber of Commerce (2007); ADR Trends and Tips, GTLA Bar Association (2007); Mediating Employment, Malpractice, and Personal Injury Cases, GTLA Bar Association (2005); and Settlement Agreements, ICLE Annual Labor and Employment Law Institute (2005).
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