Understanding Anchoring in Mediation
Anchoring typically occurs early in negotiations when one party makes an initial offer or demand that
unduly influences the mediation process. For example, if one spouse demands an unrealistically high share
of assets, this figure can set a precedent, making any subsequent negotiations revolve around this inflated
value rather than a fair assessment of the assets.
The Impact of Anchoring
Skewed Negotiations: Anchoring can cause the negotiation process to skew heavily in favor of the party
who sets the initial anchor, often leading to imbalanced settlements.
Emotional Distress: When one party feels the anchor is unfair, it can lead to increased emotional
distress, resentment, and a communication breakdown.
Prolonged Mediation: Anchors can prolong the mediation process as parties struggle to move past the
initial figures and reach a mutually acceptable agreement.
Strategies to Diffuse Anchoring
As a divorce professional, there are several strategies you can employ to mitigate the effects of anchoring
during mediation:
Set Clear Guidelines: Before mediation begins, set clear guidelines and expectations. Explain the
potential pitfalls of anchoring and encourage both parties to focus on equitable outcomes rather than
initial positions.
Use Objective Data: Introduce objective data and benchmarks early in the process. These can include
financial statements, property appraisals, and legal precedents. Grounding the discussion in factual
information can reduce the influence of arbitrary anchors.
Encourage Open Communication: Foster an environment where both parties feel comfortable expressing
their concerns and needs without resorting to extreme positions. This can help prevent the establishment
of unreasonable anchors.
Diffusing Anchoring in Mediation: A Guide for
Divorce Professionals
10 DIVORCE REAL ESTATE & MORTGAGE JOURNAL
Mediation is crucial to achieving amicable settlements in
the often emotionally charged divorce process. However,
one psychological phenomenon that frequently hinders
productive negotiations is anchoring. Anchoring refers to
the cognitive bias where an individual relies heavily on an
initial piece of information (the "anchor") to make
subsequent
judgments
and
decisions.
For
divorce
professionals, understanding and effectively diffusing
anchoring can significantly enhance mediation, leading to
fairer and more equitable outcomes for both parties.