SASKATCHEWAN’S FULL SERVICE
DISPUTE RESOLUTION SPECIALIST
Regardless of where you are or what you need, Incarna Consulting can assist you with legal conflicts quickly, affordably, and without involving court.
Our in-person arbitration, mediation, parenting co-ordination, and conflict coaching programs are available across the province, and can be delivered across Canada through our Online Dispute Resolution (ODR) options.
“I don’t like the idea that I’m not in control
of my life.”
–Neo, The Matrix
Our lives are packed full with change, agreements, contracts, disagreements, conflict, and disputes. Instead of duking it out in the courtroom in a costly battle royale, it’s high time we learned to disagree better.
98% of civil lawsuits never
actually get to trial.
100% of family cases should
never see a courtroom.
So why are we so dead set on “lawyering up”?
The Canadian justice system is set up in such a way that unless you are facing criminal charges, or are appealing a previous decision, there is actually no reason for anyone to settle their disputes in court. In fact, in Saskatchewan all civil and family suits must attempt early dispute resolution before proceeding past the initial pleadings in the court system, a requirement echoed in most provinces across the country. Why waste the time, money, and stress of starting the process of litigation if you are going to end up in mediation no matter what? Why not start with mediation in the first place? If you can solve your problems in mediation, not only can you completely avoid court, you maintain control over the process, the decisions, your future, and still retain the enforceability of a court decision. However, mediation does not guarantee an agreement or an outcome, as everyone at the table must agree–no consensus, no conclusion.
If you do not want to enter into mediation, or you are not able to reach a mutually agreed upon settlement, you can still avoid court. Arbitration provides clients an avenue to receive a decision quickly and fairly while still maintaining control over the process. Arbitration awards are just as binding as a judgement from court, and can only be sent to judicial review for procedural issues or facts of law. Just like with mediation, arbitration is completely voluntary and you get to control the process, set the rules, and determine your timelines. Unlike mediation, you do not get to control the outcome, as the final decisions are made by the arbitrator and, unless specifically stated and agreed to, they are final and binding.
Often, the best option for many people is a blended model, called Med-Arb, where disputants start off in mediation and proceed to arbitration if they are unable reach a decision on their own. Med-Arb offers all the advantages of self-determination through the mediation process, with the added security of a guaranteed decision at the conclusion of the process. Med-Arb proceedings can be structured in a variety of ways, offering maximum flexibility in process and the ability to limit time and costs.
Most importantly, Canada operates on the “open court principle”, which means that all proceedings filed with the court, including all of the details, are a matter of public record, unless ordered otherwise. Curious as to what that actually means? Head over to CanLII, Canada’s judicial database, and type in some key words relevant to your situation–check out some cases and see what details are included. This old divorce case lists full names, birthdates, addresses, workplaces, investments, finances, and airs all the dirty laundry surrounding their separation. Your commercial affairs and private life have no business being on the internet.
Do you have trade secrets you wish to protect? Would it hurt your business if a dispute was made public? Do you want your finances and family affairs published for everyone to read? Do you simply value your private matters staying private? Mediation and arbitration proceedings are 100% confidential.
Protect your privacy, stay out of court.
WHERE WE HELP
DIVORCE, SEPARATION, & FAMILY LAW
With A Special Focus on High Conflict Family Dynamics
COMMERCIAL CONTRACT DISPUTES
With A Special Focus on Real Estate and Contract Law
WORKPLACE CONFLICT & LABOUR LAW
With a Special Focus on Misconduct Investigations & Workplace Restoration
WHAT WE DO
Mediation is a process with a set framework. A mediator’s job is to ensure that all parties follow a fair and balanced procedure that fits within the constructive framework that builds bridges between parties and allows for creative solutions and open dialogue. Mediation only results in an agreement if all parties involved reach consensus.
Arbitrations are essentially less formal court proceedings, and function in a similar format with less restrictions and requirements. This more relaxed process makes justice more accessible to self-represented individuals, and reduces the time and effort counsel needs to spend filing with the courts and following strict rules of evidence.
An investigation is an inquiry into a complaint or incident by a trained neutral party. It is a process to gather evidence without convening a formal hearing to find facts relating to an incident or behavioural pattern, and may result in the investigator reaching a a decision or recommending corrective actions, or appropriate discipline.
MEDIATION SUCCESS METRICS
Mediation results in at least some form of agreement most of the time.
Some matters may take a couple sessions, others may take months of work, but in the end, parties resolve their issues
Family & Parenting Disputes
Civil Matters & Tort Lawsuits
Contract & Commercial Disputes
Mediation and arbitration saves money and time for most matters.
Some very complicated or specialized matters may take longer or cost more than court, but the ability to control the process, receive a reasonable and applicable decision, and maintain confidentiality are the driving factors for the parties involved in these kinds of disputes.
Incarna Family Services
Basic Civil Suit
Complex Civil Suit
THE INCARNA CONSULTING
Address the Issues
WHAT OUR CLIENTS ARE SAYING
I had a fantastic experience with Ambrosia. She was very knowledgeable, friendly, and helpful.
Highly recommend this company.
YOU HAVE PROBLEMS. WE HAVE SOLUTIONS.
THERE IS A BETTER WAY
NO OBLIGATION CONSULT
Martensville, Saskatchewan S0K 2T0
Regular Service Days :
Mon - Fri : 10:00 am to 9:00 pm
Sat - Sun : 1:00 pm to 6:00 pm
Annual Holiday Closures:
All Official Holiday Weekends
From Friday Through Monday
December 15 through January 15
The material provided on the Incarna Consulting website is for general information purposes only. It is not intended to provide legal advice of any kind and may not be used for professional or commercial purposes. No one should act or refrain from acting based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate independent legal or other professional advice. Your use of these materials is at your own risk.