in most other game, you wouldn't even have the choice to surrender or not
it would be a scripted event, and you would end up in jail, without any way to prevent it
so be happy that it's not like this.
In Dragon Age Origins you could fight Ser Cauthrien or surrender, you had "options". Fighting her is difficult but you can win and move on. Keep in mind Bioware makes superior quality games. I wouldn't hold Bethesda to such a high standard. No offense.
Out of DA, ME & Witcher series, this has got to be the worst quest I've ever seen in a single player game.