June 3, 2026

Mastering the Art of Mediation: Key Insights from The Employment Law Counselor

In the most recent episode of The Employment Law Counselor, hosts Victoria Fuller and Laura Corvo of White and Williams sat down with two exceptional guests to unpack one of the most powerful tools in employment dispute resolution: mediation. Retired U.S. Magistrate Judge Thomas Rueter, now a mediator, arbitrator, and court-appointed neutral with JAMS, brought decades of judicial and litigation experience to the conversation. April Quire, Senior Claims Examiner for Executive Assurance Claims at Arch Insurance, contributed the invaluable perspective of the seasoned insurance professional who has navigated countless employment mediations. Together, they delivered a masterclass in what makes mediation work and what can derail it.

Mediation Works Well for Employment Cases

Arbitration locks both sides into a binding decision made by a third party. Mediation, by contrast, is voluntary and confidential. A neutral mediator helps the parties work toward a resolution together rather than deciding it for them. Judge Rueter and April both explained why this fits employment cases well. These disputes are personal. Employees who feel wronged need a chance to tell their story and feel like someone is listening. On top of that, taking an employment case all the way through litigation is expensive. Depositions, discovery, and legal fees can easily cost more than the case is actually worth. Both sides also tend to want privacy. Employers don’t want sensitive performance issues on a public court record, and employees don’t want damaging details about their work history following them into future job searches. Judge Rueter has seen this firsthand. Employees who go to trial sometimes find that unflattering facts about their time at a job become permanent public record, hurting their chances of getting hired long after the case is over. Mediation keeps all of that out of the public eye.

Preparation and the Right People at the Table Are Everything

Winning at mediation starts well before you walk in the door. April made clear that the insurer and defense counsel need to get on the same page early, agreeing on strategy, understanding the strengths and weaknesses of the case, and knowing what a reasonable settlement looks like. No one wants surprises on mediation day. Judge Rueter added that he prefers both sides to exchange mediation briefs ahead of time so everyone understands where the other side stands. If there’s something sensitive that only the mediator needs to know, a separate confidential letter handles that.

Just as important as preparation is who shows up. You need someone in the room who has the power to say yes to a deal. Judge Rueter described a common obstacle in settlement negotiations. After spending a full day working toward a resolution, the agreement can still be rejected by someone who wasn’t present for the discussions and didn’t take part in the process that led to the negotiated amount. Whether the mediation is in person or on Zoom, the people who can make decisions need to be present and engaged.

Common Obstacles and How Good Advocates Overcome Them

The panel was open about what causes mediations to fall apart. A few of the biggest culprits: lawyers who don’t regularly handle employment cases and can’t accurately assess what the claim is worth, opening demands that are so high they give clients false expectations, defense counsel who don’t give insurers the full picture before mediation and parties who show up without any real intention of settling. Judge Rueter was candid about how much the quality of lawyering matters. Good lawyers know where their case is weak, can have straight conversations with their clients when the mediator isn’t in the room, and can push back on a position without making their client feel abandoned. April pointed out that when defense counsel skips thorough analysis of liability and damages before mediation, the claims team goes in unprepared and sometimes learns bad facts for the first time while sitting at the table. That’s a tough spot to be in. The bottom line from both guests: mediation only works when both sides come in ready to genuinely compromise, not just go through the motions.

Closing Techniques: The Mediator’s Proposal and the Zoom Question

Sometimes both sides are close but just can’t get over the finish line on their own. That’s where the mediator’s proposal comes in. Judge Rueter explained that when the time is right, putting a specific number on the table, one that both sides could agree to, and presenting it to each party at the same time can be valuable. The key is timing. This works best after a full day of negotiation, when trust has been established and the mediator has a real sense of where each side stands.

Beyond settlement techniques, the panel also discussed how the format of mediation can affect the likelihood of reaching resolution. Both Judge Rueter and April agreed that virtual mediations work better than most people expected. One big advantage: it’s much easier to get the right decision-makers on a Zoom call than to get them to travel. In-person sessions still have real benefits. When people fly in or take the train to a mediation, they’re invested. They came to get a deal done. The pressure of a late-afternoon flight home can actually help move things along. Hybrid setups, where clients attend in person while insurance representatives join by video, were flagged as a smart and practical option that’s becoming more common.

Why This Episode Matters to Professional Liability Practitioners

For professionals working in the professional liability space, this episode is a must-listen. Employment claims are a big and growing part of professional liability exposure, and mediation is often the fastest, cheapest, and least damaging way to resolve them. Judge Rueter and April didn’t just cover the basics. They got into the details that actually matter in employment cases: why employers have so much at stake when it comes to keeping things private, how allocation issues can blow up a deal at the last minute, and how a no-rehire provision can unravel an agreement everyone thought was done.

The message is clear, mediation isn’t something you simply show up to. It takes the right preparation, the right people, and a genuine willingness to reach a resolution. Get those things right, and mediation can save your client significant time and money. Get them wrong, and you can be headed for years of costly litigation. This episode gives practitioners a straightforward, experience-backed playbook for getting better results.

Interested in learning more about this topic? Listen to the full podcast episode.

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