It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just the spark needed to rekindle talks.

1. What is my real cost of going forward? At the beginning of the day, you likely fixed a number against which you would try the case. By the end of the day, you know your opponent’s best number. You could reflexively reject it if it doesn’t match your number, or you could (wisely) compare the dollars on the table with the true cost of going forward. Your calculation should include attorney’s fees, expert and other litigation costs, risks of trial, benefits achievable by settlement but not by litigation (e.g., confidentiality) and—one often-overlooked factor— the investment of time by the client. A comparison of the actual deal now with the cost of going forward gives you the most accurate way of evaluating the current deal. You might discover that you are closer than you think.

Originally published in Law.com on February 12, 2015.