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When negotiating an employee's departure from an organisation, often the most successful settlements are where "both parties walk away unhappy", according to a lawyer.

What this means is that an employer ends up paying more money than it thinks the employee deserves, and the employee accepts less than they wanted, Dentons partner Paul O'Halloran tells an HR Daily Premium webcast.

If a matter is before the Fair Work Commission, he says, "it's really important to go into mediations and conciliations understanding that the purpose is not to get everything that you want".

Outside of such structured forums, however, employers have more opportunity to "take control" of the process...