Knowing When It’s Smart to Walk Away from the Table

Yes, I’m a mediator. I’m much happier when a case settles than when it ends in an impasse. But I also respect when a lawyer knows when it’s time to stop negotiating. Settlement isn’t always the right call—and forcing one can do more harm than good.

There are moments when the offer on the table doesn’t reflect the facts or the risk — and your client knows it. The real skill lies in walking away without burning the bridge. Preserve professionalism. Thank the mediator. Leave a record that shows good faith and strategic clarity.

A well-timed walkaway isn’t a failure; it’s a recalibration. Sometimes, stepping back reopens dialogue later—when emotions cool, facts settle and become clearer, or leverage shifts. Mediation often reveals unexpected weaknesses in your client’s position. Giving them some time to assimilate and process this new information can be critical in resetting the negotiations.

From my chair, I appreciate when lawyers can help their clients separate pride from pragmatism. Walking away shouldn’t feel like defeat. If done with the right posture, it gives your client strength and confidence in future negotiations…or in court.

Keep the tone respectful. Leave doors open. And trust your read of the moment. Mediation is a powerful tool—but it’s not magic. Knowing when to pause the process can be just as powerful as closing the deal.

These essays are part of my newsletter series, offering real-world insights into how attorneys can elevate their practice and improve outcomes in mediation.