Carol Heckman served eight years as a U.S. Magistrate Judge in the Western District of New York, which has among the highest caseloads per judge. She presided over numerous consent trials and complex civil cases, earning a reputation for fairness, efficiency, and strong case management. A former trial attorney with the U.S. Department of Justice and Assistant U.S. Attorney, she brought substantial litigation experience to the bench. During her tenure, she served as an officer of the National Association of Magistrate Judges and was appointed to the U.S. Courts’ Education Committee, where she helped lead national judicial training programs. Judge Heckman also trained in mediation and became a national instructor for federal judges. She remains a sought-after mediator in complex cases.
In a recent conversation, Carol shared how a desire for flexibility led her from the bench back to private practice—and ultimately into a thriving ADR career with the American Arbitration Association® (AAA®). She also reflected on how her judicial background shapes her approach and the advice she offers to parties preparing for arbitration or mediation. Here's what she shared with us.
Q: What lead to your transition from the bench to arbitration and mediation work with the AAA?
Carol: Although I enjoyed serving as a judge and was invited to a second term, I chose to return to private practice for greater flexibility. I became a partner at a prominent upstate New York law firm, where I built a strong commercial practice. Interested in arbitration, I applied to the AAA in 2008 and was accepted as an arbitrator and mediator. While my caseload started small, it grew steadily as my reputation developed. Today, ADR makes up about 90% of my practice.
Most of my work originates in New York City, but I’ve also handled cases in other major cities and frequently conduct proceedings via Zoom. I currently serve on the AAA’s Commercial, Employment, Mediation, Health Care, and Judicial Panels.
Q: What do I value the most about serving as a neutral with the AAA?
Carol: I value that the AAA is a not-for-profit organization, has been in existence longer than any other ADR provider I am familiar with, and has continually adapted to changing times. It has embraced advanced technology, improved its rules and systems, led the way in cybersecurity, and has begun incorporating forms of AI into its training programs and case management.
Q: How does my experience as a judge shape your approach as a neutral to ADR proceedings?
Carol: My experience as a judge has taught me how to handle many different personalities and unexpected events that can occur in a proceeding in a neutral, even-handed way, without losing focus. It has also sharpened my feel for evidentiary issues and credibility determinations. My experience in private practice has taught me to respect the challenges that lawyers face in meeting deadlines and otherwise representing clients.
Q: What advice would you give to parties or advocates preparing for arbitration or mediation?
Carol: Arbitration differs from court litigation in many ways, particularly in that it is a party-driven process. The best advice I can offer is to become thoroughly familiar with the applicable arbitration rules, as they generally govern the proceedings. If I had to identify one point where the differences are most pronounced, it would be the preliminary hearing. This is a key opportunity for parties and advocates to shape the arbitration process in ways that would not be possible in a courtroom setting.