The Power of Taking a Break in Mediation

As we find ourselves in the midst of various spring breaks and looking ahead to summer getaways, it’s the perfect time to talk about the importance of breaks—not just in our personal lives, but in mediation as well. Taking a step back, whether literally or figuratively, can be the key to breaking through impasse and finding a path to resolution. 

Going to the Balcony – Literally and Figuratively 

In negotiation theory, the concept of "going to the balcony" means stepping back to gain perspective. When mediation reaches an impasse, taking this figurative step can help parties refocus on how much progress has been made, reassess the benefits of settlement, and consider creative solutions they may have overlooked. A fresh perspective can be a powerful tool. 

Sometimes, though, a literal break is just as necessary. If the air in the conference room is thick with frustration (and still carries the scent of lunch from hours ago), it might be time to step outside. A short walk, some fresh air, and a change of scenery can get the blood flowing, reset the mind, and create an opportunity for a breakthrough. 

When Facts Are Unclear, Take a Pause 

Impasse can often result from uncertainty—critical facts may be unknown or not yet fully developed. While settlement agreements can sometimes be structured around contingencies (e.g., if X happens, then Y is the settlement term), parties may need time to become more comfortable with the reality of the unknown. 

Rather than forcing a decision based on speculation, it can be helpful to identify the missing piece of information, determine when it will be available, and schedule a follow-up session to reconvene while momentum is still strong. A well-timed break can allow the mediation to resume with greater clarity and confidence. 

If Impasse Persists, Pause – But Keep the Door Open 

Not all impasses can be broken in a single session. When the divide appears insurmountable, rather than forcing the issue or ending on a hostile note, consider pausing with a clear plan to reengage. Avoid ultimatums or rigid walk-away positions that prevent future progress. Mediation should remain a process, not a one-time event. 

A skilled mediator will continue working behind the scenes, keeping dialogue open and encouraging forward movement even after the formal session ends. Taking a break in mediation doesn’t mean failure—it often means that resolution is simply a matter of timing. 

Keep Pushing Forward 

Whether in negotiations or in life, breaks aren’t just about stepping away—they’re about coming back stronger, with a fresh mindset and a renewed sense of purpose. The next time mediation reaches a standstill, consider whether the best move isn’t to push harder, but to step back, reset, and then push smarter. 

I understand that mediation is a process that sometimes requires patience, perspective, and persistence. And sometimes, the best way forward starts with a break.