What You See is What You Get
or What You Get is What You See?
When Pepsi began their market capture campaign in the early 1980s they introduced so called Pepsi-challenge. They asked people to taste Cola and Pepsi and decide what they liked better. In a blind test Pepsi was winning by head.
The Coca-Cola Company tried to falsify the results and failed. They then devised their own testing competition, but this time the participants knew what they were trying. This time Cola beat Pepsi.
As it turned out Pepsi was simply sweeter than Cola. And people subconsciously favor sweeter beverages. At least, in a short run.

As we know Coca-Cola has never disappeared from the market, neither have they changed the recipe. Well, they tried to but had to stick with the original one in the end.

The matter is that apart from a liking to sugar people do not buy a can of soda to make just one sip. They are going to drink the entire can. And in this case, sweetness doesn't matter that much.
What is more interesting though is why the respondents favored Cola when they knew what was in their glass.
According to research in neuroscience our perception of taste differs depending on our expectations. Knowledge of what we are about to try qualitatively changes not only our judgement but the perception itself as can be seen during MRI screening.
So is it in fact a «what you see is what you get» or a «what you get is what you see»? When it comes to judgment, the latter is perhaps more accurate.
Can this be used in legal Dispute Resolution? Yes, it can. And we will soon see how.