In my experience as a mediator, there’s a moment that can make or break a settlement, and many times, it comes right at the end. The parties are close, really close, to resolving the case. The numbers are narrowing, both sides can see a landing point, and resolution appears to be within reach.
And then it happens.
One party makes a final ask. It may be small, something that doesn’t meaningfully alter the expected outcome. But it changes the dynamic. It jeopardizes the hard work, the progress, and the opportunity to close the deal.
The parties must remember: it’s not about the win. It’s about closing the deal.
That final move or ask, though minor in substance, may shift the focus away from resolution. It can derail the momentum built over hours of negotiation and distract from how far the parties have come.
What helps is when the parties recognize how far they've gotten, through effort, compromise, and focus, to just about reach the finish line. The key is knowing when to stop pushing and close the deal.
Sometimes, the smallest ask carries the biggest risk.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator and his practice areas include criminal defense and civil litigation.
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