Retired judge Catherine A. Gallagher believes being heard is the first step toward resolution

For longtime JAMS neutral and retired judge Catherine A. Gallagher, few moments are more rewarding than watching the tension lift when an emotionally charged dispute finally ends.

"When some cases settle, ... you can actually see the visible relaxing of the parties," Gallagher said. "They're so much happier that this litigation is no longer going to be following them around. ... And it's just very, very satisfying."

Gallagher joined JAMS as a private neutral after retiring from the Santa Clara County Superior Court bench in 2009. Since then, she has worked as a mediator, arbitrator and special master in a wide range of probate, trust and estates, commercial and family law disputes.
"Most of it's mediations," she said. "And I work heavily in probate."

Gallagher spent a significant portion of her 25 years on the bench presiding over probate matters, and she has been a devoted advocate for settlement for decades.

"I've seen very, very few cases when I was on the bench and since I've been with JAMS that should go to court," she said.

But Gallagher's enthusiasm for settlement does not mean rushing litigants toward a deal. Before parties can resolve a deeply personal dispute, she said, they often need an opportunity to be heard.

"I like the litigants to talk to me," Gallagher said. "I've already talked to the attorneys on the phone, so I like to spend time listening to how the clients feel. ... In some of these cases, it's gone back for years that they felt they've been mistreated by the other side, and I think it helps to get that out and have somebody neutral listen to it."

That is particularly important in probate and trust disputes, where disagreements about money and property are frequently intertwined with decades of family history.

Gallagher said preparation is critical to her mediation process. She emphasizes detailed briefs and pre-mediation calls with attorneys, and when the parties arrive for mediation, she generally prefers to begin with everyone together.

"I know some mediators don't like to do that, but I like to start out with everybody in the same room," she said. "You pick up a lot of body language when people are sitting in the same room together."

Gallagher also brings a decidedly practical element to the conversation: money.

"I can give people a pretty good estimate of how much it's going to cost proceeding forward," she said, including the expense of depositions and how long a case is likely to take to reach trial in a particular county.

Lawyers who have repeatedly used Gallagher as a mediator say that combination of empathy, experience and practical realism is central to her effectiveness.

San Mateo trust and estates litigator Jeffrey R. Loew has used Gallagher more than 40 times as a mediator over the past 15 years. He said her depth of experience distinguishes her from other neutrals.

"The sheer amount of experience she has is second to no other mediator," Loew said. "Even when she was on the bench, she was settling cases in the trust and estates arena. ... She really has seen it all."

But experience alone does not explain Gallagher's effectiveness, Loew said. Her demeanor allows her to convey the authority of a longtime judge without overwhelming the people she is trying to persuade.

"She has a very down-to-earth, practical way of speaking to people that really makes them feel comfortable and makes them feel heard," Loew said. "But at the same time, ... she has the gravitas of a judge, and she can persuade clients on both sides that she knows what this trial would look like if it did go to trial."

That gives Gallagher authority and credibility with litigants "without making them feel intimidated or uncomfortable," Loew added.
Menlo Park estate litigator Steven P. Braccini, who has also used Gallagher as a mediator for 15 years, said those qualities are especially valuable in disputes among relatives.

"I'm a fiduciary litigator, and a lot of times there's high emotions -- particularly if you have family members," Braccini said. "And Judge Gallagher, with her demeanor, does a great job of defusing that."

"She is professorial at times, empathetic at others," he continued, "and she uses a nice balance of those two qualities to really help achieve resolution."

Braccini described Gallagher's approach as "one of the best in Northern California" and said she is not reluctant to evaluate a case when doing so might help break an impasse.

"She has a mastery of the subject matter without sounding condescending," he said. "She certainly weighs in on strengths and weaknesses. ... And she also evaluates cost, which sometimes litigants don't want to talk about, but she's good about reminding them."

"She uses all the tools in her arsenal to get that resolution," Braccini added, "and her success rate -- I want to emphasize -- is very high."

San Jose probate litigator Robert A. Gorini, who has used Gallagher to mediate more than 10 cases, offered a similar assessment.

"I don't know that I've had a mediation with her that hasn't ultimately succeeded," Gorini said. "And I couldn't recommend her more. She is on my short list every time."

Gorini said Gallagher possesses "a wonderful balance of gravitas" and emotional intelligence, allowing her to convey her assessment of a case while understanding the personal dynamics driving the dispute.

That combination is particularly important in probate litigation, he said, where the ostensible dispute over an inheritance may really be about grievances accumulated over a lifetime.

"Most of my matters are family disputes and multigenerational," Gorini said. "And when beneficiaries are fighting over long-lost grievances between their siblings, between aunts and uncles or beliefs that grandma was taken advantage of by the one uncle who never left the house, people need to be heard."

The challenge for a mediator, Gorini said, is making each person believe that he or she has genuinely been heard without sacrificing the neutrality necessary to move everyone toward a resolution.

"The ability to build rapport quickly with multiple people and still have the emotional bandwidth to be hearing all sides," he said, "while convincing all sides that you're still neutral is a talent, and she has it."

And Gallagher's efforts do not necessarily end when the scheduled mediation does.

Loew said her reputation among Northern California probate, trust and estates lawyers reflects not only her experience but also her persistence.

"Everyone who practices in this field, especially in Northern California, is aware of her and her reputation and also her tenacity," he said.
"If a case doesn't settle the day of mediation, she will not leave it alone. ... Other mediators may see it as a day job. She does not."

Sometimes, Loew said, that persistence means a very long day.

"She has a relentless amount of energy," he said, "and she'll stay until two or three in the morning if she thinks that's what it'll take."

Here are some attorneys who have used Gallagher's services: Steven P. Braccini, Sheppard Mullin Richter & Hampton LLP; Jeffrey R. Loew, Trust Law Partners LLP; Robert A. Gorini, Gorini & Gorini LLP; Sarah B. Sheppard; Aaron, Riechert, Carpol & Riffle APC; Henry M. Pedersen, Flicker Kerin LLP