Mediation can be a grind—slow progress, tough positions, and long hours of back and forth. A party can go through a wave of emotions. But often times, the mood shifts. A party moves more than expected. The plaintiff’s tone changes. The defendant or adjuster signals a willingness to make something happen. That’s momentum—and when it shows up, you have to ride it.
Settlement momentum is real. I call it getting traction. Once both sides feel a sense of progress, the emotional and strategic barriers that may have stalled the mediation at the beginning begin to fall away. Confidence grows that a deal can be reached. But just as quickly, that momentum can fade if a party decides to leave the mediation and “leave it open to think about.” That decision can sometimes kill a deal that’s inches from the finish line.
I’ve seen mediations where parties got within striking distance—only to let the clock run out. By the next morning, something had shifted. A plaintiff rethought their number. Momentum lost. No deal.
When mediation picks up steam, attorneys should lean in. Recognize when the parties are emotionally and mentally ready to resolve. Keep your client engaged, focused, and moving. Do what is necessary to close the deal.
There’s nothing wrong with pumping the brakes early in the negotiation. But once resolution feels within reach, the smartest move is usually the simplest one: don’t stop.
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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