Why do cases often settle late in the afternoon? Hmm...

Decision fatigue is common to many fields, but I would posit that it is particularly found in complex or lengthy mediation negotiations. Breaks for food and respite are usually built into the day and prevent coercion and false imprisonment claims from arising in the context of a court-ordered conference.

Though skeptics point out that our brain’s overall use of energy remains the same regardless of what a person is doing, there can be no doubt that we experience depleted energy affecting willpower during the process of mediation. Does this in fact prevent self-determination in reaching settlements? Must there be an end other than adjournment or terminating the session which provides an ethical safety valve while preventing buyer's remorse?

The New York Times Magazine article below addressing this phenomenon is worth a read in general, but seems to provide pertinent insight to alternative dispute resolvers on why folks might do what they do when the hour is late...

http://nyti.ms/qMR2Ml