John Flaherty

Hon. John A. Flaherty (Ret.)

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager
Jacquelynne Garcia
T: 408-346-0735
F: 408-295-5267
160 W. Santa Clara St., Suite 1600, San Jose, CA 95113


Judge Flaherty has been a full time neutral at JAMS since 1998, handling many professional liability disputes as a mediator, arbitrator and as a court appointed referee.  Prior to joining JAMS, he served over 20 years on the Santa Clara County Superior Court.  Judge Flaherty’s extensive experience in professional liability cases includes medical malpractice related to nurses and doctors. 

Representative Matters

  • Handled claim of professional negligence involving a real estate investor and law firm
  • Handled several wrongful death matters arising out of care and treatment of decedent
  • Handled claim that home healthcare nurses were careless and neglectful of care
  • Handled claim of personal injuries to a newborn due to medically negligent treatment
  • Handled claim of loss of consortium as a result of injuries to claimant
  • Handled claim of incorrect diagnosis resulting in lifetime physical handicap of claimant
  • Handled claim of negligence for fractured hip
  • Handled claim of negligence from hysterectomy
  • Handled claim of professional negligence from cervical surgery
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

  • Silicon Valley Campaign for Legal Services, Board Member, 1999-2009
  • Selected as One of the Top Ten Mediators in Silicon Valley, San Jose Magazine, 2002
  • Trial Judge of the Year, Santa Clara County, 1987
  • Member, California Judges Association
  • Member, Santa Clara County Bar Association
  • Member, President's Advisory Council, Law Foundation of Silicon Valley, 2001-present
  • Chair, Trial Court Coordination Advisory Committee to the Judicial Council, 1993-1998
  • Chair, Judicial Council Committee on Arbitration in the early 1980's
  • Lectured at Stanford Law School and the University of Santa Clara Law School on mediation, arbitration, and civil procedure; and for the CEB on real estate, probate, and business litigation issues
  • "The Power of Silence," ADR Profile, Daily Journal, February 19, 2016
  • Judge of the Superior Court of Santa Clara County, 1977-1998
    (Presiding Judge, 1986; Supervisor of the Civil Division, 1997)
  • Founding partner, Berliner, Cohen & Flaherty, now Berliner Cohen
  • J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1963
  • B.A., Stanford University, 1960

Counsel Comments

    • "On behalf of myself and my client, we thank [Judge Flaherty] for [his] invaluable assistance in settling our very complex and difficult cases. All previous attempts to settle had failed. [His] intelligent analysis of the numerous legal and financial issues and relentless pursuit of a workable solution made all the difference."

      - Bay Area Attorney




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