Biography
As an ADR provider, Kenneth Gack, Esq. has served as both stipulated and a Court appointed special master, discovery referee, and mediator in real estate matters. He has mediated and arbitrated disputes arising from alleged non-disclosure against real estate agents and brokers, and mediated disputes concerning boundary-line related claims, including adverse possession, agreed boundary, and easements. Ken has considerable experience in agri-business related claims in a variety of mediations, including over 20 matters related to the wine and viticulture industry.
Ken has extensive experience litigating, mediating, and arbitrating real estate disputes over the last 25 years. As an “AV” rated litigator, he represented both plaintiffs and defendants in a wide variety of matters, including construction related claims, soil subsidence/stability disputes, habitability claims, and claims against real estate brokers and agents for alleged non-disclosure. He served as panel counsel for the California Association of Realtors, representing real estate professionals. Ken has served as a planning commissioner, and is conversant on land use, zoning, and general plan matters. Since joining JAMS in 1996, he has served as a neutral in thousands of matters.
Representative Matters
- Adjoining parcels disputing their control and obligation rights and duties under a declaration of restrictions vesting managerial rights in only one parcel owner
- Claims against seller and agent/brokers for alleged non-disclosure of flight path noise and vibration from emergency medical aircraft
- Commercial parcel purchase where the purchaser seeks damages for failure to disclose the existence of a plan study with potentially significant impact on usage; sellers’ defenses include “imputed notice” and purchasers’ due diligence obligations
- Common area maintenance (CAM) disputes between commercial landlords and tenants
- Fire loss claims asserted by owners, tenants, and insurance carriers in subrogation; disputes often include uniform building code, fire safety, and product defect issues
- Fraud claims against a mortgage broker for failures to properly evaluate the builder, his licensure status, and references
- Habitability claims often involving bodily injury and insurance coverage issues in a variety of different settings, including urban, suburban, rural, and agricultural parcels and mobile home communities. Claimants are typically the “working poor,” including migrant workers.
- Soil stability claims involving developers, design professionals, general and subcontractors, home owners associations, and individual homeowners
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Honoree, Careers of Distinction Award, Sonoma County Bar Association, 2019
- Board Member, SEE International, 2014
- Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
- Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
- Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
- President and Board Member, Legal Aid of Sonoma County, 2010-2012
- Member, Association of Business Trial Lawyers
- Member, San Francisco Trial Lawyers Association
- Frequently requested lecturer on ADR and civil litigation
- Member, American Healthcare Lawyers Association ADR Panel
- ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
- "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012
- JAMS, 1996-present
- Private practice emphasizing alternative dispute resolution services, 1994-1996
- Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
- Judge pro tem, Sonoma County Superior Court, 1983-present
- J.D., Pepperdine University, 1976
- B.A., Anthropology, Cal. State University, Dominguez Hills, 1973
Counsel Comments
- "I look forward to future mediations with Ken in other cases as he has been one of the most effective mediators I have been lucky enough to associate with."
-Attorney, Sacramento Area Firm - “Ken has exceptional skills. He was very prepared, focused and listened to the attorneys and clients. Not a minute was wasted…he managed to weave through the many layers of controversy. He deserves a medal for settling this case.”
- "Mr. Gack is always prepared, always knowledgeable, and always cuts to the core of the relevant issues. Use him once and you will use him again."
- Prominent Bay Area Litigator - “Extraordinary mediation skills in terms of technical knowledge, ability to moderate all involved, [and a] sophisticated manner of guiding discussion. Ken Gack is one of the best in the state.”
- “Ken Gack is one of the best mediators in the business. Very effective and well-prepared. Kept working the case even after the mediation concluded.”
- “Patience, wisdom, [and] ability to read different personalities. [Ken] was excellent.”
- “Thanks again for working so so hard to get this case settled. It’s a testament to your reputation that you continue to put in 110% effort on the cases. I know after all these years it must be hard to stay focused and engaged the way you do…that’s why you are the go to guy at the head of the pack in Northern California.”
- “Ken was awesome. His patience and ability to understand the motivations in [multiple] rooms and how to nudge and to understand when parties were at their limit.”
- “Thanks again for a very strenuous effort on your behalf in resolving this very difficult case. It’s always great working with you.”
- “[Ken has the] ability to tell it like it is to all the parties when they were wrong. He followed up and settled the matter soon thereafter.”
- “Ken, you are a class act…You have an excellent skill set…I really appreciated your time and expertise.”
- “[Ken has] superior knowledge of issues regarding medical malpractice.”
- “[He is] highly skilled at mediation. Especially valuable for post-mediation follow-up. Ken is one of the best.”
- “Ken is very excellent at moving the parties to the center.”
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Practice Areas
- Agribusiness
- Arbitration
- Business/Commercial
- Construction
- Employment
- Environmental
- Health Care
- Personal Injury/Torts
- Professional Liability
- Real Property
- Securities
- Special Master/Discovery Referee
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This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More