
A Non-Anchoring Brainstorm Protocol for ADR and Negotiation Practitioners
This article is the first instalment in a three-part practice series on controlling anchoring risk when using generative AI in negotiation: (1) a non-anchoring workflow protocol; (2) non-anchoring prompt engineering patterns and a template; and (3) provides facilitator-grade de-anchoring interventions for real-time, AI-assisted brainstorming in negotiation.
Generative AI can speed up option generation in negotiation and mediation, but the first plausible option an AI produces can function like a “first offer,” anchoring expectations and narrowing the solution space. A preregistered meta-analysis by Petrowsky et al. (2025) Link shows that making a very high first offer can help the person who makes it get a better deal when an agreement is reached.At the same time, it also makes deals less likely and leaves the other side feeling less satisfied – partly because the first number shapes what seems “reasonable” and partly because it can trigger anger, especially in more complex negotiations. Put simply: anchoring can “work,” while simultaneously harming deal sustainability and procedural justice.
In human–AI decision-making, AI suggestions can “pull” people’s judgments in a particular direction, functioning like an anchor. Pausing, deliberately considering an alternative, or requiring a quick sanity-check step can help people think for themselves instead of blindly following the AI. This article translates academic evidence into a practical, negotiator-usable deliverable: a Non-Anchoring Brainstorm Protocol for AI-Assisted Negotiation (NABP). The core design is a “blinded brainstorming” workflow: parties generate options first, the AI generates options in parallel from sanitized (non-identifying) inputs. The AI output is disclosed only after the negotiator/mediator runs anti-anchoring steps at the negotiation table and uses anti-anchoring prompt design to prevent the AI from presenting biased, anchoring solutions.
The problem: AI suggestions can become “procedural anchors”
Anchoring is the tendency for judgments to assimilate toward a previously presented value or framing – even if the anchor is arbitrary. In negotiation, this is not just academic trivia: the first offer reliably shapes counteroffers, perceived fairness, and shaping where the final agreement lands within the ZOPA – and sometimes whether the parties reach agreement at all.
Now translate that into today’s practice: when a negotiator, mediator or lawyer asks an LLM (ChatGPT, Claude, Gemini, Mistral) to “suggest settlement options,” the AI’s first coherent proposal can function as a default reference point – especially when (a) parties are fatigued, (b) issues are complex, or (c) the AI’s output is presented with polished confidence. That is an anchoring hazard, not because professionals are naïve, but because anchoring is a fast cognitive shortcut that operates even under expertise.
Bracketing also generates a specific bias in this AI-assisted brainstorming workflow: if an AI output introduces ranges early, you may be injecting two or more anchors at once (“tandem anchoring”), shifting counterparts via both endpoints and via politeness norms that make assertive counteroffers feel less acceptable. (Ames & Mason, 2015). Link
Bias in Human – AI Collaboration: Known Effects, Proven Countermeasures
The studies listed below provide practical, evidence-based guidance. If you’d like to dig deeper, I’ve included a link after each reference so you can access the original source directly.
Bottom line: anchoring risk in AI-assisted option generation is real and measurable; however, well-designed workflows, non-anchoring prompt patterns, and facilitation guardrails can meaningfully mitigate it.
Non-Anchoring Brainstorm Protocol for AI-Assisted Negotiation
Here I offer a brief, “behind-the-scenes” look at my Non-Anchoring Brainstorm Protocol (NABP) – not as a one-size-fits-all recipe, but as a set of practical design principles you can adapt to your own negotiation and mediation context when using GenAI. The protocol was developed for GenAI-assisted option generation in international high-asset divorce and cross-border financial settlement negotiations, where complexity and uncertainty make premature convergence particularly costly. Its underlying logic is transferable and can be adapted to commercial disputes, workplace conflict, and other multi-issue negotiations in which early AI outputs risk narrowing the option space.
The plain takeaway for practitioners is that your Non-Anchoring Brainstorm Protocol (NABP) should keep AI in its proper place: you are not choosing the AI’s ideas—you are using AI to expand the menu after humans establish an independent baseline, and then pressure-testing party-owned packages against verified constraints, with a clear Option Source Log (Party A / Party B / Joint / AI).
In Part 2, I translate this protocol into copy-paste prompt template and a “prompt hygiene” checklist designed for mediators, ADR and Negotiation Practitioners.
Dr. Blanka Illés
References:
Ames, D. R., & Mason, M. F. (2015). Tandem anchoring: Informational and politeness effects of range offers in social exchange. Journal of Personality and Social Psychology, 108(2), 254–274. https://doi.org/10.1037/pspi0000016
Bianchi, F., Chia, P. J., Yuksekgonul, M., Tagliabue, J., Jurafsky, D., & Zou, J. (2024). How well can LLMs negotiate? NegotiationArena platform and analysis [Preprint]. arXiv. https://doi.org/10.48550/arXiv.2402.05863
Buçinca, Z., Malaya, M. B., & Gajos, K. Z. (2021). To trust or to think: Cognitive forcing functions can reduce overreliance on AI in AI-assisted decision-making. Proceedings of the ACM on Human-Computer Interaction, 5(CSCW1), Article 188. https://doi.org/10.1145/3449287
Carter, L., & Liu, D. (2025). How was my performance? Exploring the role of anchoring bias in AI-assisted decision making. International Journal of Information Management, 82, 102875. https://doi.org/10.1016/j.ijinfomgt.2025.102875
de Bono. (n.d.). de Bono thinking lessons 1. Retrieved February 15, 2026, from https://www.debono.com/de-bono-thinking-lessons-1
Glesner Fines, B. (2024). Biases & mediation practice. Journal of the American Academy of Matrimonial Lawyers, 37, 117–145. https://aaml.org/wp-content/uploads/biases-and-mediation-practice-glesner-fines-vol-37-2024.pdf
Petrowsky, H. M., Boecker, L., Escher, Y. A., Frech, M.-L., Friese, M., Galinsky, A. D., Gunia, B., Lee, A. J., Schaerer, M., Schweinsberg, M., Soliman, M., Swaab, R., Troll, E. S., Weber, M., & Loschelder, D. D. (2025). The power and peril of first offers in negotiations: A conceptual, meta-analytic, and experimental synthesis. Organizational Behavior and Human Decision Processes, 191, 104448. https://doi.org/10.1016/j.obhdp.2025.104448
Rastogi, C., Zhang, Y., Wei, D., Varshney, K. R., Dhurandhar, A., & Tomsett, R. (2020). Deciding fast and slow: The role of cognitive biases in AI-assisted decision-making [Preprint]. arXiv. https://doi.org/10.48550/arXiv.2010.07938
Romeo, G., & Conti, D. (2026). Exploring automation bias in human–AI collaboration: A review and implications for explainable AI. AI & Society, 41, 259–278. https://doi.org/10.1007/s00146-025-02422-7
Shah, C., Agarwal, A., Garg, K., & Heddaya, M. (2025). LLM Rationalis? Measuring bargaining capabilities of AI negotiators [Preprint]. arXiv. https://doi.org/10.48550/arXiv.2512.13063
Takenami, Y., Huang, Y. J., Murawaki, Y., & Chu, C. (2025). How does cognitive bias affect large language models? A case study on the anchoring effect in price negotiation simulations. In Findings of the Association for Computational Linguistics: EMNLP 2025 (pp. 4481–4498). Association for Computational Linguistics. https://doi.org/10.18653/v1/2025.findings-emnlp.240
Sample, J. A. (1984). Nominal group technique: An alternative to brainstorming. Journal of Extension, 22(2), Article 10. https://commons.joe.org/joe/vol22/iss2/10
Voß, M., Bozkurt, H., Sauer, T., & Nutzmann, M. (2022). Group ideation with brainwriting – A comparison of co-located and distance collaboration. International Conference on Engineering and Product Design Education (E&PDE 2022).
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