Arbitration and Mediation Office of Lee Hornberger

6730 Mission Ridge

Traverse City, Michigan 49686-6131

leehornberger@leehornberger.com

“In the middle of every difficulty lies opportunity.”

Articles Written by Lee Hornberger

"A Comparison of Employment Arbitration and Labor Arbitration," Labor and Employment Lawnotes (Fall 2024), p. 15.

"Adverse Inferences in Arbitration," Legal News ( November 1, 2024).

"A Comparison of Employment Arbitration and Labor Arbitration," The Michigan Dispute Resolution Journal (Fall 2024), p. 5 (co-author with O'Neal Wright).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Fall 2024), p. 10.

"Michigan Case Law Concerning Use of Emails in Alternative Dispute Resolution," Michigan Bar Journal (June 2024).

"Michigan Court of Appeals Reverses Circuit Court Vacatur of Public Sector Labor Arbitration Award," Oakland County Legal News (May 28, 2024).  

"Court of Appeals Enforces Labor Arbitration Award," Labor and Employment Lawnotes (Spring 2024), p. 22.

"Michigan Court of Appeals Reverses Circuit Court Vacatur of Public Sector Labor Arbitration Award," The Michigan Dispute Resolution Journal (Winter 2024), p. 10.

"Michigan Case Law Concerning Mediation Confidentiality," The Michigan Dispute Resolution Journal (Fall 2023), p. 12.

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Fall 2023), p. 19.

"Michigan Judicial Review of Arbitration Issues," Labor and Employment Lawnotes (Fall 2023), p. 20.

"Michigan Court Rulings on Mediation," Labor and Employment Lawnotes (Summer 2023), p. 21.

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Summer 2023), p. 15.

"Review of Michigan Appellate Decisions Since June 2021 Concerning Mediation," Michigan Family Law Journal (May 2023).

"Review of Michigan Appellate Decisions Since July 2022 Concerning Arbitration," Michigan Family Law Journal (March 2023).

"Michigan AFSCME Council 25 v Wayne Co: the Steelworkers Trilogy, Michigan Family, and Gavin Epic," The Michigan Dispute Resolution Journal (Winter 2023), p. 3.

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Winter 2023), p. 19.

"Reflections on Civility and Ethics," Michigan Bar Journal (February 2023).

"Michigan AFSCME Council 25 v Wayne County - A saga of Steelworkers Trilogy, Michigan Family, and Gavin," Oakland County Legal News (January 31, 2023).

"Michigan Court Rulings on Mediation," Labor and Employment Lawnotes (Winter 2023), p. 18.

"State Judicial Deference - Or Not - To Labor Arbitration Awards," Labor and Employment Lawnotes (Winter 2023), p. 13.

"Reflections on Civility and Ethics," Oakland County Legal News (December 27, 2022).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Fall 2022), p. 16.

"Lee Hornberger Acceptance Speech for ADR Section Distinguished Service Award," The Michigan Dispute Resolution Journal (Fall 2022), p. 28.

"Review of Michigan Appellate Decisions Since August 2021 Concerning Arbitration," Michigan Family Law Journal (October 2022).

"Michigan Arbitration Case Law Update," Labor and Employment Lawnotes (Fall 2022).

"The Successful Post-Hearing Brief in Labor Arbitration," The Michigan Dispute Resolution Journal (Summer 2022).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Summer 2022).

"How to Write a Persuasive Post-Hearing Labor Arbitration Brief," Labor and Employment Lawnotes (Summer 2002).

"The Successful Post-Hearing Brief in a Labor Arbitration," The Litigation Journal (Spring/Summer 2022).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Spring 2022).

"An Overview of Cognitive Biases," The Michigan Dispute Resolution Journal (Winter 2022).

"Michigan Supreme Court Enforces Mediation Confidentiality," Oakland County Legal News (December 28, 2021).

"Cognitive Biases and Representing Clients," Michigan Family Law Journal (December 2021).

"Appreciation for Doug Van Epps," Just Resolutions Newsletter (December 2021).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Fall 2021).

"Review of Michigan Appellate Decisions Since 2020 Concerning Arbitration and Mediation," Michigan Family Law Journal (August/September 2021).

"Appreciation for Doug Van Epps,The Michigan Dispute Resolution Journal (Spring 2021).

"Michigan Arbitration and Mediation Case Law Update," Labor and Employment Lawnotes (Winter 2021).

"Michigan Arbitration and Mediation Case Law Update," The Michigan Dispute Resolution Journal (Fall/Winter 2020).

"The Successful Opening Statement in a Labor Arbitration," The Litigation Journal (Fall 2020).

"Lessons From History," Detroit Legal News (November 30, 2020).

"Giving An Effective Opening Statement In A Labor Arbitration," Labor and Employment Lawnotes (Summer 2020).

"Labor Arbitration Opening Statement," The Michigan Dispute Resolution Journal (Spring/Summer 2020).

"Michigan Arbitration Case Law Update," Labor and Employment Lawnotes (Spring 2020).

"Review of Michigan Appellate Decisions Since 2018 Concerning Arbitration," Michigan Family Law Journal (April 2020).

"Review of Michigan Appellate Decisions Since 2018 Concerning Mediation," Michigan Family Law Journal (March 2020).

"Review of Michigan Appellate 2018-2019 Decisions Concerning Mediation," The Litigation Journal (Summer 2020).

"Michigan Arbitration Case Law Update," The Michigan Dispute Resolution Journal (Summer 2019).

"Michigan Mediation Case Law Update," Labor and Employment Lawnotes (Summer 2019).

"Michigan Mediation Case Law Update," The Michigan Dispute Resolution Journal (Spring 2019).

"Historic Moments in Negotiation," Michigan Bar Journal (May 2019).

"Dr. Jane Millar Receives Nanci S. Klein Award," The Michigan Dispute Resolution Journal (Winter 2019).

"Court of Appeals Affirms Enforcement of Mediated Settlement in Custody Case," Detroit Legal News (January 29, 2019).

"Impact of Due Process Protocol Principles on Arbitration of Statutory Claims in Michigan," Detroit Legal News (September 28, 2018).

"The Chair's Corner," The Michigan Dispute Resolution Journal (Fall 2018).

"The Chair's Corner," The Michigan Dispute Resolution Journal (Summer 2018).

"Michigan Court of Appeals Affirms Enforcement of Custody MSA," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (May 2018).

"The Chair's Corner," The Michigan Dispute Resolution Journal (Spring 2018).

"Michigan Mediation Case Law Update," Labor and Employment Lawnotes (Winter 2018).

"Michigan Mediation Case Law Update," The General Practitioner (January/February 2018).

"The Chair's Corner," The Michigan Dispute Resolution Journal (Winter 2018).

"Some Reflections on Automatic Mediation," The Michigan Dispute Resolution Journal (Winter 2018).

"Mediator-Arbitrator Conduct After Arbitration and Mediation," The Michigan Dispute Resolution Journal (Fall 2017).

"Michigan Supreme Court 2016 Decisions About Arbitration," Labor and Employment Lawnotes (Summer 2017).

"Michigan Supreme Court Decisions in 2016 About Arbitration," The Michigan Dispute Resolution Journal (Summer 2017).

"Michigan Supreme Court Decisions in 2016 about Arbitration," The General Practitioner (May/June 2017).

"Review of Michigan Supreme Court 2016 Decisions Concerning Arbitration," The Litigation Journal (Winter 2017).

"Mediator-Arbitrator Conduct After Arbitration and Mediation," Michigan Family Law Journal (March 2017).

"Mediator-Arbitrator Conduct After Arbitration and Mediation," Oakland County Legal News (February 24, 2017).

"The Due Process Protocol and Statutory Claims Employment Arbitration in Michigan," The Michigan Dispute Resolution Journal (April 2017).

"Due Process Protocol Influence On Statutory Claims Employment Arbitration in Michigan," The General Practitioner (January/February 2017).

"Effective Use of Mediation," Jackson County Legal News (November 10, 2016).

"Effective Use of Mediation," Ingham County Legal News (November 7, 2016).

"Effective Use of Mediation," Oakland County Legal News (October 28, 2016).

"Mediation the Answer for Contentious Issues," Traverse City Record-Eagle (October 2, 2016).

"Michigan Arbitration and Mediation 2014-2015 Case Law Update," The ADR Quarterly (April 2016).

"Mediation Matters: Michigan Domestic Relations Arbitration and Mediation 2014-2015 Case Law Update," Michigan Family Law Journal (April 2016).

"Michigan Arbitration and Mediation 2014-2015 Case Law Update - Part II," Labor and Employment Lawnotes (Spring 2016).

"Back in Indochina, Things Are a Bit Different," The Mentor (Winter 2016), p. 4.

"2014-2015 Michigan Arbitration Case Law Update," The Practitioner (January/February 2016). p. 5.

"Michigan Arbitration and Mediation 2014-2015 Case Law Update - Part I," Labor and Employment Lawnotes (Winter 2016).

"Michigan Mediation Case Law Update," General Practitioner (September/October 2015).

"Alternative Dispute Resolution Theme Introduction," Michigan Bar Journal (June 2015).

"Effective Use of Mediation," Labor and Employment Lawnotes (Winter 2015).

"Michigan Family Law Arbitration and Mediation 2013-2014 Case Law Update," Michigan Family Law Journal (November 2014).

"Michigan Arbitration and Mediation Case Law Update," ADR Quarterly (July 2014).

"Michigan Arbitration and Mediation 2012-2014 Case Law Update," Labor and Employment Lawnotes (Spring 2014).

"Michigan Court of Appeals Allows Pre-Award Suit Concerning Arbitrator Selection," General Practitioner (March-April 2014).

"Supreme Court Nassar Ruling: The But-For Standard in Retaliation Cases," Labor and Employment Lawnotes (Winter 2014).

"Arbitration or Mediation?," Traverse City Business News (December 2013).

"Supreme Court Nassar Ruling: The But-For Standard in Employment Discrimination, " General Practitioner (September-October 2013).

"Michigan Court of Appeals Reviews Post Arb-Med Conduct of Arbitrator-Mediator," Labor and Employment Lawnotes (Summer 2013).

"Court of Appeals Reviews Implications of Arbitrator-Mediator Conduct," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Winter 2013).

"Michigan Mediation 2011-2012 Case Law Update," Michigan Lawyers Weekly (February 4, 2013).

"Post-ADR Conduct of a Mediator-Arbitrator," General Practitioner (January-February 2013).

"Michigan Family Law Arbitration and Mediation 2011-2012 Case Law Update," Michigan Family Law Journal (January 2013).

"Michigan Arbitration, Case Evaluation, and Mediation 2011-2012 Case Law Update," Labor and Employment Lawnotes (Fall 2012).

"Case Evaluation Case Law Update," General Practitioner (September-October 2012).

"Facilitative Mediation Michigan 2010-2012 Case Law Update," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Summer 2012).

"US Supreme Court Holds 'Ministerial Exception' Required by First Amendment," Labor and Employment Lawnotes (Summer 2012).

"Supreme Court Ministerial Exception Decision," General Practitioner (March-April 2012).

"Employment Law: The Staub Decision," General Practitioner (September-October 2011).

"Michigan Arbitration, Case Evaluation, and Mediation 2010-2011 Case Law Update," Labor and Employment Lawnotes (Summer 2011).

"Michigan Family Law Arbitration and Mediation 2010-2011 Case Law Update," Michigan Family Law Journal (August/September 2011).

"Leave Provisions of the Labor Code of the Socialist Republic of Vietnam," Labor and Employment Lawnotes (Winter 2011).

"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).

"Settlement Agreements For Employment Termination Cases (With Sample Clauses And Forms)," Practical Litigator (March 2010) (co-author with Kiffi Y Ford).

"Case Evaluation Case Law Update," General Practitioner (January-February 2010).

"Recent Developments in Michigan Arbitration, Case Evaluation, and Mediation Law," Labor and Employment Lawnotes (Fall 2009).

"Gross v FBL Financial Services, Inc Age Discrimination Case," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Fall 2009).

"Recent Developments in Michigan MCR 2.403 Case Evaluation Law," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Summer 2009).

"Crawford v Metropolitan Gov’t of Nashville and Davidson Cty Retaliation Decision," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Spring 2009).

Contributor, Defusing Workplace Time-Bombs: Drafting Employment Agreements And Policies To Prevent Disputes, Avoid Tax Traps, and Settle Cases (Amercan Law Institute-American Bar Association 2008).

"Recent Developments in Michigan Arbitration Law," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Fall 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," General Practitioner (Nov-Dec 2006).

"Effective Mediation Preparation," Michigan Lawyers Weekly (September 4, 2006).

"Some Reflections on Mediation," ADR Newsletter (August 2006).

"Unemployment Compensation Noncontest Provisions In Settlement Agreements," Labor and Employment Lawnotes (Spring 2006).

 "Police and Fire Department Compulsory Mediation," 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 the Disclosure of Mental Health Records in Mediation," ADR Newsletter (October 2005)(co-author with Robert Tremp).

"Promissory Estoppel Law in Michigan," Michigan Lawyers Weekly (March 21, 2005).

"Overview of a Pre-Dispute Employment Resolution Process," ADR Newsletter (February 2005).

"Promissory Estoppel in Michigan," Grand Traverse-Leelanau-Antrim Bar Association Newsletter (Winter 2004).

"Employment Discrimination Law in Michigan," Michigan Bar Journal (September 2003).

"Dealing With the EEOC," The Business News (April 2003).

"Disability Discrimination Law," Michigan Lawyers Weekly (November 18, 2002).

"Employment Discrimination Law," Cincinnati Bar Association Report (June 2002).

"Unemployment Compensation Law," p 17B, Business Courier: The Law Pages (10-20-2000).

"Age Discrimination," Ohio Trial (Winter 1999)(co-author with Jane Koprucki).

Contributor, Federal Employees Legal Survivor Guide (National Employee Rights Institute 1999).

"Sexual Harassment," Ohio School Law Journal (July/August 1991).

"Age Discrimination," [1989] Detroit College of Law Review 667.

"1986-1987 Sixth Circuit Wrongful Discharge Decisions," 15 Northern Kentucky Law Review 303 (1988).

Contributor, Litigating Wrongful Discharge Claims, 2:15 (religious discrimination), 2:23-2:28 (42 USC 1983), 7:03-7:17 (public employees)(Tobias Ed 1987).

"Circumstances Under Which a Contractor Can Become a Primary Employer for Taft-Hartley Act Section 8(b)(4) Purposes," 12 Capital University Law Review 195 (1982).

"Actual Reasonable Attorneys Fees Under the Michigan Environmental Protection Act," Vol 47, No 1, p 22, Detroit Lawyer (1979).

"Occupational Safety and Health Act of 1970," 21 Cleveland State Law Review 1 (1972).

"Title I of the Landrum-Griffin Act," 6 Idaho Law Review 77 (1969).