Hon. Gail S. Tusan, Senior Judge brings more than 30 years of judicial service in various Georgia jurisdictions to her practice at JAMS. Most recently, Judge Tusan retired from her sixth elected term as a superior court judge in Fulton County. 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 where she also served for over a decade.

Since joining JAMS, Judge Tusan has served as mediator and arbitrator for disputes involving commercial contracts, real estate disputes, distributor/supplier agreements, family business and family law matters, FLSA and employment contracts and discrimination and civil rights issues. Many of these matters have involved multiple parties. Recently, Judge Tusan has handled several matters using video technology to allow for ADR processes to be conducted remotely.

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 intellectual property, unfair competition, franchise law, family law and other general business matters. 

ADR Experience and Qualifications

• Immediate 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

Representative Matters

• Business Commercial
• Served as arbitrator in a dispute regarding fraud and deceptive practices regarding the sale of previously-owned vehicles
• Served as mediator in a partnership dissolution dispute involving an event production company that included issues of business valuation and partnership buy-out
• Served as arbitrator in dispute related to claims of fraudulent inventory of automotive resale lot
• Served as arbitrator in contractual dispute involving state licensing for cannabis production and dispensary operations
• 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
• Construction
• Served as arbitrator in a construction defect dispute between homeowners and a national retail home improvement company and their independent contractors
• Managed cases involving construction defect, delayed payment claims, surety issues and subcontractor and developer payment disputes
• Employment Law
• Served as arbitrator in various wage and hour disputes including FLSA cases.
• Served as arbitrator in an employment dispute related to discriminatory practices and civil rights violations
• Served as arbitrator and mediator in unjust enrichment dispute related to contractual commission structure changes and payment
• Served as arbitrator in 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
• Served as mediator in a dispute between three members of the same family regarding a number of jointly-owned businesses
• Served as mediator on several matters involving developing or modifying custody agreements and parenting plans, including interstate custody plans
• Managed 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
• Financial Markets
• Served as arbitrator on a consumer credit card matter related to certain consumer law violations
• Managed cases involving TILA claims and flex loan agreement disputes
• Health Care

• Managed cases involving Freedom of Information Act disclosures, hospital construction disputes, hospital certification and licensure issues and non-compete contractual disputes
• Personal Injury
• Managed cases involving serious personal injury and wrongful death actions, change of venue, Fabre issues, forum non conveniens, libel/slander, motor vehicle and water craft negligence, negligent security, premises liability, product liability and medical malpractice claims
• Served as arbitrator in various personal injury matters seeking damages for medical expenses, punitive damages and attorney’s fees involving a micro-mobility company

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

• Chair, Equity Task Force/Board Member, Georgia Leadership Institute for School Improvement (“GLISI”), 2022-2024
• Board Member, JAMS Foundation, 2024 
• Board Member, State Bar of Georgia Dispute Resolution Section, 2024
• Member, Atlanta Bar Association
• Immediate Past Chair, Dispute Resolution Section, 2023-2024
• Distinguished Visiting Lecturer, Spelman College, 2018–2023
• Adjunct Professor, Emory University School of Law, 2014–2022
• American Bar Association
• Georgia Association of Black Women Attorneys (“GABWA”)
• The Links, Incorporated
• First Congregational Church, UCC
• Alpha Kappa Alpha Sorority, Incorporated
• Founder, The PAVE Foundation, an organization committed to helping African American girls achieve success in STEAM.

 Conferences and Speaking Engagements

• “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, May 2019 - 2024
• 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