Christina Magee has litigated in almost every type of law firm that exists -- large, small, boutique, and handled matters ranging from small amounts to mega cases whose outcomes had a broad and comprehensive effect. She spent the decade prior to opening her mediation practice in-house for a major insurer, where she spent a lot of time evaluating, negotiating, and mediating cases. She opened her mediation and neutral practice in 2011 and questioned that decision only once -- when the pandemic threatened to do away with mediators' ability to hold conferences. One of her proudest accomplishments was chairing the Florida Bar ADR Section and, while in that role, creating a Mentoring Academy for Mediators. Every two years, they give mediators, experienced and not as experienced, an opportunity to gather, explore, and share techniques via a hypothetical, role-played mediation, presentations, and roundtable discussions.
We asked her how her expertise informs her approach on the American Arbitration Association® Mediation Panel.
What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
After litigating for a couple of decades and overseeing litigations as the insurance company's counsel, I had experienced an extended "master class" in mediation! Multiple styles, different states and approaches, plenty of effective and not effective mediations. That experience made me realize that I was devoted to mediation as a means of resolving disputes and that I could be extremely effective in that role. Joining AAA was a natural and obvious extension of that pathway.
What do you value most about serving as a mediator with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
Getting movement from parties who are locked into positions is one of the most gratifying aspects of this position because it allows the parties to see a pathway through obstacles to resolution. Being a mediator with AAA brings a world of interesting, complicated, and often unique cases to my desk. Never dull or commonplace sessions without any surprises.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
As a litigator, and then in-house representative, the focus is always on what's practical, what will work, and what brings the most benefit for the cost. I keep that perspective as a mediator as well.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
I approach mediation through the lens of party self-determination. That principle gives the parties the unmistakable sense that they matter in the process, and that their point of view, whether attorney or not, has value deserving consideration. Affording all participants that sense of dignity seems to enable participants to engage fully and get on board to find solutions.
Without breaching confidentiality, can you share a moment or case in your mediation work that was especially rewarding or that highlighted the strengths of the process?
Watching and facilitating parties to come together and work out non-monetary conditions to facilitate a settlement -- conditions that no court or arbitrator would have the power or authority to address. Those types of results don't occur frequently, but when that happens, it seems to occur naturally in mediation.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
The virtual "experiment" changed the mediation landscape. Participants are comfortable in their own environments, and assuming they are also comfortable with the technology, seem to handle the entire experience better.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Patience and tenacity; high-level analytical skills; the ability to listen for what is being said and not said. I cultivate these by practicing a lot and spending time on the back end trying to figure out what was something else I could do to effect a different/better outcome.
Outside of your professional work, what activities, causes, or passions are important to you?
Family, travel, and reading.