Byte of Prevention Blog
The Incubation Effect: Stepping Back to Find the Solution

Several years ago, we lost the charger to our son’s beloved scooter. We turned the house upside down, retraced steps, and questioned whether it had somehow disappeared into thin air. Eventually, we gave up. Life moved on. Then, this past weekend, we found it, tucked away in a place we had long stopped looking. It felt like a small, unexpected miracle. The moment made me pause. How many times in life, and in the practice of law, do we find what we need only after we have stopped looking or taken a break from analyzing a problem? It struck me how often this happens, not just with missing chargers, but with analysis paralysis, mental blocks, case strategy, and various obstacles in the practice of law. Sometimes, the very thing we’re searching for turns up after we let go of the frantic search.
There’s actually a name for this: the incubation effect. Psychologists have found that when people take a break from actively working on a problem, their unconscious mind continues working on it in the background, often leading to better solutions. In fact, even short periods of distraction can boost creative problem-solving.
Even in decision-making, the research is clear: mental fatigue wears down our judgment. Studies on decision fatigue show that stepping away to rest isn’t wasting time; it’s actually resetting the brain’s ability to make sharp, ethical, and creative decisions.
In the practice of law, we often deal with complex problems that do not have an obvious solution. We have looked at the situation from every imaginable angle but can’t come up with a satisfactory answer. Or we might have trouble finding the law that we need to support our position. When we are on the billable hour clock, this can create enormous pressure to find a solution quickly. It might seem counterintuitive to just stop in these situations. But sometimes, the smarter move is strategic patience.
By stepping away from the matter that you are struggling with, you give your mind a rest and you allow your unconscious mind to keep working on the problem. You might find that, when you return to your analysis, the answer magically appears.
A few takeaways to keep in mind:
- Trust the Process: Not every problem has to be solved today. Giving complex challenges breathing room can allow better resolutions to surface naturally.
- Step Back When Stuck: If you’re hitting a wall, taking a break is not giving up — it’s activating the incubation effect in your favor.Â
- Sleep on It: Sometimes a good night’s sleep is all you need to find a creative solution. Your brain continues to process information during sleep. Some of the world’s greatest inventions and creations were inspired by dreams.
- Delay Isn’t Defeat: Strategic waiting often leads to better outcomes, not weaker ones.
- Mental Energy Matters: Protect your decision-making. When fatigue creeps in, step away to reset rather than power through and risk a poor judgment call.
- Change Your Environment: Sometimes, a change in scenery can trigger new perspectives.
Finding that long-lost charger reminded me that not everything good comes through force or urgency. Sometimes, letting go is what allows discovery.