Knowing When It’s Smart to Walk Away from the Table — Benson Mediation, Arbitration, Workplace Investigation

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.