Hon. Gail S. Tusan , Senior Judge
Availability:
General Biography
Practice Areas & Industries
Business Commercial
Cannabis
Construction
Employment Law
Family Law
Health Care
Personal Injury
Professional Liability
Honors, Memberships, and Professional Activities
Background and Education
Hon. Gail S. Tusan, Senior Judge brings more than 35 years of multi-jurisdictional Georgia judicial service to her practice at JAMS. In 2019, Judge Tusan retired from her sixth elected term as a superior court judge in Fulton County and was appointed by the Governor to serve as a state-wide senior judge. During her time on the superior court, Judge Tusan served two successful terms as chief judge, and played an active role in the design and launch of the Family Division, which implemented a case management system featuring mediations and judicially hosted settlement conferences. She resolved custody, property division, alimony and child support, and contempt cases, as well as handling felony criminal matters, ruling on constitutional and equity questions, managing a robust civil law docket, resolving pre-trial motions, and presiding over jury trials where legal and equity remedies were sought. She presided over several notable jury trials involving whistleblower claims, public policy issues and big verdict (medical malpractice, products liability and wrongful death) outcomes.
Since joining JAMS, Judge Tusan has served as mediator and arbitrator for disputes involving medical malpractice and wrongful death, commercial contracts, cannabis, health law and provider/payor claims, corporate and partnership fall-outs, family law, a wide range of labor and employment disputes. Many of these matters have involved multiple parties. Upon request and for judicial economies, Judge Tusan conducts sessions remotely using virtual and hybrid technology. Known for her calming temperament, Judge Tusan is often chosen for sensitive cases as a result of her skill in earning trust from reluctant parties, such as those who are critically ill or dying, and/or feel marginalized or devalued.
Judge Tusan’s diverse career and extensive legal and community service have garnered her a reputation for building consensus during disputes and forging partnerships among the legal community, government and the public they serve. She is frequently asked to participate in educational programming for the legal community.
Prior to joining the bench, Judge Tusan practiced civil litigation in a variety of areas, including trademark and copyright infringement, deceptive trade practices and unfair competition, franchise law, products liability, family law, libel and slander, and other general partnership and business matters.
ADR Experience and Qualifications
- Past Chair, Dispute Resolution Section, Atlanta Bar Association
- Board Member, Dispute Resolution Section, State Bar of Georgia
- Board Member, JAMS Foundation
- Conducts judicially hosted settlement conferences
- Served two terms as Chief Judge of the Fulton County Superior Court
- Served 10 years in the Family Division of the Fulton County Superior Court and as chief judge of the Family Division
- Former Chair, Fulton County ADR Board
- Mediation Skills with Clinical Practicum Certification (GCDR)
- Divorce Mediation Practicum Certification (GCDR)
Representative Matters
- Business Commercial
- Arbitrated dispute regarding fraud and deceptive practices regarding the sale of previously-owned vehicles
- Mediated breach of contract and fraud claims between commercial real estate operations manager and overseas property owners
- Mediated partnership dissolution dispute involving an event production company that included issues of business valuation and partnership buy-out
- Arbitrated dispute related to claims of fraudulent inventory of automotive resale lot
- Arbitrated numerous consumer disputes between financial card, solar energy, and financing companies
- Managed cases involving factoring receivables, breach of contract, breach of consulting agreements, products liability, lease to purchase options, dissolution of professional partnerships, insurance claims, subrogation and indemnification matters, covenants not to compete and trade secrets, and fair dealing disputes
- Cannabis
- Arbitrated a multi-million-dollar breach of contract dispute between the licensing consultant and national cannabis manufacturer seeking entry into a new market and award of state licensure to produce and dispense cannabis
- Construction
- Arbitrated construction defect dispute between homeowners and a national retail home improvement company and their independent contractors
- Arbitrated engineering and construction breach of contract and fraud claims brought against home renovation company by homeowners
- Managed cases involving construction defect, delayed payment claims, surety issues and subcontractor and developer payment disputes
- Employment Law
- Arbitrated C-suite wrongful termination, breach of contract, harassment disputes
- Arbitrated employee whistleblower disputes
- Arbitrated contractual disputes between medical practice business manager and physician employer(s)
- Arbitrated numerous wage and hour disputes, including FLSA cases.
- Served as arbitrator in an employment dispute related to discriminatory practices and civil rights violations
- Mediated §1981 and Title VII race and gender discrimination and retaliation claims
- Issued decisions based on appellate review as Hearing Office in Title IX workplace and school-based harassment and hostile work environment cases
- Arbitrated and mediated unjust enrichment dispute related to contractual commission structure changes and payment
- Arbitrated contractual dispute arising out of consultant billings for services rendered to an online restaurant meal ordering service
- Managed cases involving whistleblower, wage and hour, workers’ compensation, piece-rate compensation, labor, discrimination, and wrongful termination disputes
- Family Law
- Mediated divorce with children with prenuptial agreement, large marital estate involving separate property and detailed parenting plan and child support
- Mediated divorce where custody of embryos and equitable division of assets were at issue
- Mediated high-stakes divorce involving athlete spouse and nonworking partner
- Mediated divorce after long-term marriage where wife was primary earner
- Mediated/arbitrated custody/guardianship of adult special needs child agreements and parenting plans, including interstate custody plans
- Resolved hundreds of cases involving divorce, custody and modification issues, grandparent custody and visitation, prenuptial and postnuptial agreements, asset division, alimony and child support, dissolution of family businesses and termination of parental rights
- Health Care
- Presided over jury trial of physician’s breach of contract claims against medical malpractice insurance provider resulting in economic injuries to physician’s practice
- Mediated health provider/ payor claim disputes
- Managed cases involving Freedom of Information Act disclosures, hospital construction disputes, hospital certification and licensure issues and non-compete contractual disputes
- Personal Injury
- Mediated a damages case brought by tenant against her landlord corporation for injuries suffered as a result of mold contamination of leased premises.
- Served as arbitrator in various personal injury matters seeking damages for medical expenses, punitive damages and attorney fees involving a micro-mobility company
- Managed cases involving serious personal injury and wrongful death actions, change of venue, Fabre issues, forum non conveniens, libel/slander, motor vehicle and watercraft negligence, negligent security, premises liability, product liability and medical malpractice claims
- Professional Liability
- Arbitrated (Panel Chair) wrongful death case brought by surviving spouse involving professional liability and medical malpractice claims against cardiologist and hospital.
- Mediated medical malpractice case brought by patient and her spouse involving professional liability claims brought against a surgical oncologist and hospital.
- Mediated wrongful death case brought by surviving parents of adult child involving professional liability and medical malpractice claims against physician and hospital
Honors, Memberships, and Professional Activities
Honors
- Logan E. Bleckley Award for Judicial Excellence, Litigation Section, Atlanta Bar Association, 2019
- Empowerment Summit Trailblazer Award, Gate City Bar Association, 2018 Professionalism Award, Atlanta Bar Association, 2016
- Woman of Influence, Atlanta Business League, 2015
- Leah Ward Sears Distinction in Profession Legacy Award, GABWA, 2009 Peace and Justice Community Service Award, MLK Center, 1991
- Leadership Atlanta, 1987–1988
Memberships and Professional Activities
- Board Chair, Georgia Leadership Institute for School Improvement (“GLISI”), 2025
- Equity Task Force Chair/Board Member, 2022-2024Board Member, JAMS Foundation, 2024-2025
- Board Member, State Bar of Georgia Dispute Resolution Section, 2024
- Member, Atlanta Bar Association,
- Past Chair, Dispute Resolution Section, 2023-2024
- Past Chair, Judicial Section, 2009-2010
- Distinguished Visiting Lecturer, Spelman College, 2018–2023
- Adjunct Professor, Emory University School of Law, 2014–2022
- Faculty, National Judicial College
- Chair, Judicial Section, Gate City Bar Association, 2009-2010
- American Bar Association
- Founding Member and Past President, Georgia Association of Black Women Attorneys (“GABWA”), 1983-2025
- The Links, Incorporated
- First Congregational Church, UCC
- Alpha Kappa Alpha Sorority, Incorporated
- Founder/Board President, The PAVE Foundation, an organization committed to helping Black girls achieve success in STEAM.
Conferences and Speaking Engagements
- “Navigating Sensitive Topics in Today’s Workplace: How Domestic and Global Conflicts Impact Workplace Dialogues”, South Asian Bar Association Corporate Counsel Retreat, January 2025
- “Taming Community Chaos”, Atlanta Bar Association Dispute Resolution Section Luncheon, March 2025
- “Navigating the Courtroom: Insights and Best Practice From the Bench”, Hispanic National Bar Association Corporate Counsel Conference, March 2025
- “Helping Other Shouldn’t Hurt You | Health & Wellness Checks for Advocates & Decision Makers” Atlanta Bar Dispute Resolution Section, April 2024
- “Mediation Strategies for Litigators” Atlanta Bar Litigation Section, April 2024
- “Do Arbitrators Really Do That?!” A Peek Behind the Curtain at How Arbitrators Think and Decide, Atlanta Bar Dispute Resolution Section, February 2024
- “Data Analytics of Mediation,” State Bar of Georgia Conflict Resolution Day, October 2023
- “Meet the Mediators” Fall Social, Atlanta Bar Dispute Resolution and Council of Younger
Lawyers, October 2023 - Emerging Issues in Healthcare Law Conference, American Bar Association Health Law Section, March 2023
- “Trends in Alternative Dispute Resolution for In-House Counsel”, Atlanta Bar Association Joint Corporate Counsel and Dispute Resolution Section CLE, January 2023
- “I do, I did, I’m done: Resolution Strategies for Marital Dissolutions and Business Divorces”, JAMS and GABWA CLE, September 2022
- “A Young Attorney’s Guide to Successful Arbitrations”, State Bar of Georgia Dispute Resolution Section Arbitration Forum, June 2022
- “Honorable Women: Perspectives from the Bench”, League of Women Voters, Atlanta Fulton County and National Council of Jewish Women Atlanta, May 2022
- “Resolving Health Care Disputes Spurred by the COVID-19 Pandemic”, Atlanta Bar Association Dispute Resolution Section, April 2022
- “Strategies to Success in Arbitration and Mediation”, Atlanta Bar Association Judicial Division Bench & Bar Academy, April 2022
- “How to Make Mediations Work In A Remote World”, Atlanta Bar Association CLE By the Hour, February 2022
- “Mediators Speak – The Present and Future of ADR”, State Bar of Georgia Diversity Program,
October 2021 - "Hon. Gail Tusan, JAMS and The Pave Foundation," North Fulton Business Radio, Episode 388, September 2021
- “The Art of Negotiating: Pre Trial”, GABWA’s Annual Trial Master’s Boot Camp, September 2021
- “From Bulldogs to Lapdogs: Negotiating Styles and How They Can Impact a Mediation”,
Atlanta Bar Association Dispute Resolution Section, March 2021 - “Mediation and Arbitration as a Career Path” Leadership Institute for Women of Color Attorneys Conference, January 2021
- “Mediation Health Care Disputes: Emerging Trends in the Industry” JAMS Webinar, November 2020
Guest Speaker, Behind the Case podcast, Episode 2, Atlanta Attorney at Law Magazine –Attorneys to Watch 2020 - “Virtual ADR Works: JAMS Neutrals Share Tips & Techniques to Help Navigate the New
Reality” American Bar Association Dispute Resolution Tech Expo, September 2020 - Keep It Moving: Using Video Conferencing to Settle Your Mediations”, JAMS Webinar, May 2020
Background and Education
- Senior Judge, Superior Courts of Georgia, 2019-2025
- Trial Judge, Superior Court of Fulton County, 1995–2019
- Trial Judge, State Court of Fulton County, 1992–1995
- Judge, City Court of Atlanta, 1990–1992
- Magistrate Judge (Pro Hac), Magistrate Court of Fulton County, 1986–1990
- Administrative Law Judge (Pro Hac), Office of Contract Compliance & Bureau of Vehicles for Hire, 1984–1986
- Of Counsel, Joyner Law Offices, 1986–1990
- Associate, Asbill, Porter, Churchill, & Nellis, 1984–1986
- Associate, Kilpatrick & Cody, 1981–1984
- Intern, United States Department of Justice, Executive Office of the U.S. Attorneys and the Commercial Litigation Section of the Civil Division, 1980–1981
- J.D., George Washington University School of Law, 1981
- B.A., University of California, Los Angeles, 1978
- “Judge Tusan was amazingly helpful as a mediator. Her vast experience as a judge, and of particular importance in our case, as a family court judge, together with her natural way of being sure everyone felt heard and comfortable with her made the experience a very positive one for all the attorneys and parties. I plan to suggest her again and again for future mediations.”
- “Hon. Gail Tusan recently served as our mediator in a hotly-contested employment litigation matter. The parties came into the mediation miles apart in terms of the demand and our offer. Judge Tusan’s approach was both thoughtful and creative. She was very well-prepared, as evidenced by her command of the facts. Her value added as an experienced jurist was apparent in her ability to get both sides to focus on the issues in our respective cases. In addition, she was diligent and challenged all of the parties to put in the work to get the case resolved. She was tough, without being overbearing. Smart, yet, relatable. I would highly recommend Judge Tusan for any matter andwould call upon her again for any complex litigation matter.”
- “Hon. Gail S. Tusan was determined from the first hour to find a path to settling this dispute among an emotionally charged set of parties. She was always calm, always respectful of the parties' conflicting arguments, but always intent on letting the facts, rather than the emotions, drive this discussion. We did reach settlement after quite a few hours and Judge Tusan never losing focus or hope. It certainly would not have happened without her. She has the skill and the touch. I would have no hesitation in recommending her. “
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