Framing, Process and Empathy

Allen Schreiber • October 24, 2019
Allen Schreiber, Birmingham Arbitrator and Mediator

Within the last two weeks, I have conducted three difficult mediations where the parties all told me, “This case will NEVER settle!”


Fortunately, the parties were patient with the process, yielding time for creative solutions, and ultimately a resolution.


This reminds me of an article I recently came across about Deepak Malhotra’s book, Negotiating the Impossible. In this book, Malhotra identifies three concepts which he believes are essential to resolving the most difficult disputes: framing, process and empathy.
  • Framing. Malhotra explains how important it is to present a proposal in an objective manner (i.e., one that is attractive to the other side).


  • Process. Using mediation statements and caucuses to move the parties from opening gridlock to resolution.



  • Empathy. Understanding the different perspectives of the other party. It is imperative for the mediator to assist the parties in seeing the conflict from the other party’s point of view, motivations, interests and constraints.


If you need help with resolving a case, give me a call. I would love to assist you in getting your difficult case to resolution.


Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.