NAM Neutral Perspective – A Conversation with Judge McMahon

The Hon. Judith N. McMahon (Ret.) recently joined NAM's panel of neutrals, bringing decades of experience from the bench and a unique background in pharmacology. In this edition of NAM Neutral Perspective, we spoke with Judge McMahon about the principles that guide her approach to ADR, from the importance of preparation and trust to her perspective on managing complex disputes and evaluating medical evidence.

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During your judicial career, you served as Administrative Judge, oversaw Differential Case Management (DCM), and presided over two counties simultaneously. What lessons from your time on the bench will guide you in how you manage parties, counsel, and proceedings today?

I served on the bench for over 20 years and I have been a practicing attorney for more than 40 years. From that experience, I learned that preparation is vital. You need to be organized, understand the steps and procedures required to move matters forward, and prepare accordingly. Equally important is establishing trust. It's essential to any role – you can't be a Hearing Officer, an attorney, or a judge without trust. When an attorney shared something with me in confidence during my time as a judge, or now as a Hearing Officer, that attorney needed to know that what was shared would remain confidential. I worked carefully to build that trust during my time on the bench, and I look forward to continuing to earn the trust of those I work with as a Hearing Officer.

You presided over the Differential Case Management Part as well as the Blockbuster Medical Malpractice Part – how does that experience inform your handling of technically complex disputes in ADR?

I've handled complex tort issues as an attorney well before serving on the bench, and that experience has shown me that experience itself is vital. Additionally, my natural curiosity allows me to find all legal issues interesting. There has never been a time in my life when I have not found the law engaging. The law is constantly evolving. Attorneys come to me with innovative solutions, and even when those solutions do not ultimately succeed, I find it fascinating to work through the underlying thought process. Some cases I've overseen have involved labor law matters and resulted in a room full of case examiners and multiple parties. When matters are complicated, listening is crucial, and I believe listening is often more important than speaking. As a result, working through complex issues involving many parties and reaching a resolution comes naturally to me. In my opinion, the more complex the dispute, the better!

With your history in pharmacology, how does your scientific training influence the way you evaluate expert testimony and medical evidence?

My background in pharmacology has allowed me to transition naturally to reading medical records and expert affirmations. I am often able to understand medical terminology without needing to look it up, having formally studied these subjects. Pharmacology and the law are natural companions, and that intersection is one of the reasons I was drawn to the complex tort system. I enjoy bringing together science and the law, and I find the blending of those disciplines fascinating.

How would you best advise attorneys preparing for ADR to be the most successful?

There is only one word – preparation. Attorneys and Hearing Officers alike need to prepare thoroughly to achieve a successful resolution. Attorneys must speak with their clients and help set clear expectations about what occurs during ADR and the outcomes they may reasonably expect. This preparation, combined with trust in the Hearing Officer, allows disputes to be resolved as effectively as possible for all involved.

Your early work with pro se litigants helped shape your judicial perspective – how does that experience influence your approach to ensuring parties feel heard in ADR?

Before the settlement process begins, attorneys bring their clients into the meeting room, and I make a point of speaking with them directly. I introduce myself and make clear that I have no “horse in the race,” but am there to assist and facilitate resolution. They can trust that I will work to the best of my ability to help resolve the case. Those of us who work in the legal field can become almost numb to the process. What we go through every day, whether in a courtroom, a conference room, or even a virtual setting, is routine to us, but not to clients or pro se litigants. I reassure clients that everyone involved is working diligently to resolve the matter.

What drew you to join NAM's panel, and what would you hope to achieve by serving as a neutral with NAM?

When I began planning for retirement, I asked colleagues and attorneys for guidance on my next steps. I knew I wanted to pursue ADR, and I heard overwhelmingly that NAM was the place to be. I'm proud to be a member of the team, and I look forward to resolving any cases assigned to me, regardless of type or complexity. Because trials can be stressful, lengthy, and costly, resolving cases through ADR is often a positive alternative for everyone involved. I hope to help facilitate those outcomes during my time at NAM.

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About Judge McMahon

The Hon. Judith N. McMahon (Ret.), former Justice of the New York State Supreme Court, served the county of Richmond in various capacities for more than 30 years, overseeing a caseload that included medical malpractice, public health law, and nursing home matters. She previously managed the Judicial Mediation, Jury Coordinating Part, Medical Malpractice Discovery, the Foreclosure Residential Conference Part, Foreclosure Auctions, DCM5, and Hurricane Sandy Parts in Richmond County. Her remarkable judicial career includes her service as Administrative Judge of the Supreme Court for Richmond County. In addition to her distinguished legal career, including her many years on the bench, as a court attorney, and as a trial attorney in private practice, Judge McMahon previously practiced as a licensed pharmacist, working in hospitals and retail pharmacies. She is a member of NAM's (National Arbitration and Mediation) Hearing Officer Panel and is available to arbitrate and mediate cases throughout the New York Metro area.

About NAM

NAM is a premier provider of Alternative Dispute Resolution (ADR) services, delivering efficiency and results to clients throughout the U.S. and globally. Through its market-leading technology and secure virtual and hybrid forums, NAM offers a streamlined alternative to traditional litigation. With an exceptional roster of neutrals and concierge-level case administration, NAM is the ADR partner of choice for over 10,000 commercial entities and half the Fortune 100.