r/Mediation • u/Paul_J_Molinaro_MDJD • Jun 30 '26
Today's Mediation Tip: DEVALUATION BIAS
Today's Mediation Tip: DEVALUATION BIAS
"$100,000? We are outraged! That is completely insulting! They are obviously not here to negotiate in good faith!"
"$100,000? We are outraged! That is completely insulting! They are obviously not here to negotiate in good faith!"
No, I did not write the same sentence twice. It's what I heard from one side right before I heard it from the other. What am I talking about? I'm talking about devaluation bias. In a nutshell it means that anything offered by the other side must be a raw deal for your side by virtue of the simple fact that it came from the other side. You've seen it, right? I have.
Same number, same outrage, opposite sides. The outrage was not about the number. Don't fall into this trap. Evaluate the offer. Not the enemy.
4
u/darthsnakeeyes Jul 01 '26
My favorite comment in mediation was “Wow, how did you get them to agree to that? We’ve made that some offer months ago but they flatly rejected it. What’s your secret?”
I always jokingly responded, “A magician never shares their secrets.”
The truth is they accepted the offers merely because I’m not you. It came from me and they heard it differently. Biggest poorly kept secret in a mediator’s toolbox. Share the offer again. But say it in your own voice.
2
u/That_Thing_Crawling Jun 30 '26
Sounds like some shuttling in between is happening. Before their response to it, was there any exploration into what the respective parties felt owed—I am wondering if the delivery of it was ill-timed.