Gerald A. Kurland, Esq. is a full-time mediator, arbitrator, and referee and has been selected by the Daily Journal Extra as one of California’s 20 Most Sought-After Neutrals. He is known for his ability to consistently achieve consensus in difficult and complex cases. In addition to the areas listed below, Mr. Kurland also specializes in cases involving entertainment, insurance, and environmental issues.
ADR Experience and Qualifications
- After mediating and arbitrating for several years as a member of the national panel of mediators and arbitrators of the American Arbitration Association, Mr. Kurland became one of the first attorney-mediators affiliated with JAMS in Southern California
- Served as a judicial arbitrator, settlement officer, and judge pro tem in the Los Angeles courts
- Is a frequently requested speaker on various dispute resolution topics and has served as a mediation training facilitator
- Previously served as in-house counsel to a large real estate development company whose projects included commercial, industrial, hotel, apartment, and residential community projects. One of Mr. Kurland's primary responsibilities was the management and negotiation of settlements of company litigation, which included numerous complex matters and involved direct working relationships with large homeowner associations and the company's insurers, lenders, and partners.
Representative Matters
- Construction: Settled hundreds of complex, multi-party, multi-issue construction defect actions involving commercial mixed use, public works, single family home, and condominium projects. Number of parties has ranged from 2 to 150. Also, claims for payments owed, delay damages, and mechanics liens. Construction defect actions have typically involved difficult insurance issues.
- Commercial: Claims against financial institution for allowing unauthorized withdrawals; action against bank for valuables missing from safe deposit box; claims against storage facility for lost belongings; actions by lenders against borrowers for monies owed under secured loans; breach of warranty and "lemon law" claims by auto purchaser against national auto manufacturer
- Employment: Claim against major financial services firm for AIDS discrimination; claim of racial discrimination by U.S. citizen against foreign company; sexual harassment claim by male employee based on hostile work environment; severance dispute among several branch managers and financial institution
- Personal Injury: Wrongful death from truck/auto collision; construction accidents caused by dirt dropped on worker by backhoe and involving falls from a lift and scaffolding; many automobile accidents; dog bite involving young child; assault and battery claim under jurisdiction of district attorney
- Professional Negligence: Actions alleging medical, legal, and design professional malpractice
- Real Property: Many actions among sellers, buyers, brokers, and escrows, including claims of fraud and misrepresentation; arbitrations involving specific performance and rescission remedies; disputes over calculation of leasehold and ground leasehold rent; action involving responsibility between landlord and tenant for payment of tenant improvement construction costs
- Trademark Infringement: Action by restaurant franchisor against former franchisee; arbitration involving software company's claim of infringement of trade name and logo