THE OUT OF COURT OPTIONS YOU NEED
You have problems, we have solutions.
Incarna Consulting provides a full spectrum of third-party dispute resolution services, including neutral evaluation services, investigations, mediation, arbitration, conflict coaching, and workplace restoration. We work with businesses and organizations to design dispute resolution systems by developing frameworks, policies, and procedures relating to contract and employment disputes, and providing organizational reviews to highlight, analyze, and problem solve institutional conflict. Incarna Consulting is recognized by the Saskatchewan Ministry of Justice as Family Mediator as defined by the Section 44.01 of The Queen’s Bench Act, 1998 and Parenting Co-Ordinator as defined by The Children’s Law Regulations, 1998 as well as a Gladue Report Writer for Section 718.2 of the Criminal Code.
Your international commercial ADR firm
Whether you’re the in-house counsel for a large multi-national litigating a major contract dispute, a disruptor in technology battling to protect your intellectual property, or a small family owned business with import-export issues, we have you covered. Not only is Incarna Consulting is the only Saskatchewan ADR firm with a member of the ICC International Court of Arbitration, we also proudly host the first Saskatchewan appointee to a NAFTA advisory committee.
We do more
We are the only firm in Canada licensed to provide the full suite of New Ways training for youth, families experiencing high-conflict divorce and separation, and workplace conflict, and we hold several certifications from the Canadian Centre for Occupational Health and Safety/Worksafe Saskatchewan for Workplace Investigations and Inspections.
WHAT WE DO
World Class Neutral Services
On average, only 5% of disputes are actually decided by the courts; the majority of cases are settled privately using a variety of Alternative Dispute Resolution (ADR) options. Given its versatility in resolving a wide range of disputes, some have taken to calling ADR ‘Appropriate Dispute Resolution’, as the parties choose the process they feel is most appropriate for their needs and interests. ADR generally involves bringing in a neutral and impartial third party to assist in resolving the matter via a facilitative approach, where the neutral has no decision making power and assists the parties to find their own solution, or a decisional approach, where the third party has the decision making authority and imposes a solution on the parties. Incarna Consulting provides all manner of neutral services along the ADR spectrum.
Facilitation involves a neutral party managing the meetings and communication between parties who are seeking a resolution to an issue on their own. Facilitators manage everything surrounding a dispute, such as the facilities, the agenda, and emotions, but do not directly engage in the solution making process. Facilitators maintain focus and direction.
There are two types of negotiators: independent and representative. Independent negotiators are employed to serve all parties equally, and work to find the best solution for everyone–often called shuttle diplomacy. Representative negotiators seek the best solution for their client, and work on their behalf within a mandate and scope of decision making power.
Mediation is a voluntary process in which all parties involved follow a fair and balanced procedure that creates a constructive framework to open dialogue between parties and allows for creative solutions. Mediation only results in an agreement if all parties involved reach consensus.
Conciliation is a process similar to mediation, except the neutral actively engages in the problem solving process by suggesting, analyzing, and critiquing solutions, and usually plays the dominant role in formulating and writing the agreement and implementation plan. In the even that parties are unable to come to a resolution, the conciliator prepares a report with a proposed solution and reasons why the parties should adopt it. The proposal is not legally binding or enforceable.
Despite using the word trial, a mini-trial is actually a carefully structured and refined method that enables the parties in a dispute to settle their core issues. Rather than worrying about procedural issues, the emphasis is on identifying the dispute’s core issues and addressing them in a quick and frank manner. As with all ADR processes, the format and procedures of a mini-trial is determined by the participants, but typically involves a short period of discovery, followed by a very brief hearing for arguments, and concluded by a set period of negotiation. If the parties are unable to reach a settlement independently, the neutral party prepares a report detailing the most likely outcomes at a trial or arbitration proceeding, which usually encourages the parties to settle their issues.
Early Neutral Evaluation
Early neutral evaluation (ENE) is an informal, flexible, and creative tool of dispute resolution which is not governed by strict rules of procedure and evidence, allowing the parties to design a process moulded to suit their needs and encouraging a collaborative over adversarial approach. Similar to a settlement conference in the court system, ENE is a non-binding process where the parties each present their case and the neutral assists them in identifying areas of agreement, clarifying and narrowing the scope of the dispute, and presents alternative arguments or information for consideration. At the end of the hearing, the neutral will provide an analysis of the dispute and the arguments presented, highlighting the strengths and weaknesses, as well as an explanation of the range of possible conclusions of a binding process. After the evaluation phase, parties typically consent to enter into a settlement process of their choosing or opt to proceed to court or arbitration.
Med-Arb / Arb-Med
Med-Arb or Arb-Med is a blended process that combines the indepence of mediation and the finality of arbitration, offering parties the best of both worlds and potentially significant cost and time savings. In Med-Arb, parties begin the mediation process with an agreement to stop at specific point, and then leave the matter to the neutral to arbitrate a decision. Parties can choose to impose time and cost limits to mediation, or opt to leave it to the neutral to determine when a stalemate has ocurred.
In Arb-Med, the process is reversed. Parties present their cases and arguments in an arbitration proceeding, and the neutral drafts a decision that remains sealed. The parties then engage in a mediation process with a predetermined stopping point, afterwhich the parties are bound by the previously ‘secret’ award if they have not reached an agreement.
Arbitration can be as formal as a court proceeding, or extremely simple; regardless, it functions in a similar format with less restrictions and requirements. This user-friendly process improves access to justice for self-represented individuals, and reduces the time and effort needed for a conclusion. Arbitration awards are as binding and enforceable as a court judgement, with a limited appeal process, called Judicial Review. Arbitrations can be expedited and brief, or comprehensive and as lengthy as a trial. Likewise, they can also be conducted by submission only, or with a full in person hearing.
Neutral Fact Finding
Incarna Consulting provides individual and group based conflict coaching and skills training using the New Ways™ programming developed by the High Conflict Institute. New Ways™ focuses on teaching the 4 Big Skills™: managed emotions, moderate behaviors, flexible thinking, and checking yourself.
New Ways for Life™ is a simple skills-building program that teaches people how to deal with the stress and uncertainty of today’s world. In this program, people learn the 4 Big Skills™ that will help them cope with added stresses from relationships, peers, and the way they interact with people online.
New Ways for Work℠ is a cognitive–behavioral intervention aimed toward helping employees gain greater self–regulation in their jobs and lives. It assists conscious awareness of inappropriate reactions and managing responses in a more effective manner.
New Ways for Families® is a program for high conflict family law cases designed to save courts time, parents money, and protect children as their families re-organize. It is a positive option for families that gives parents a chance to change before big decisions are made.
New Ways for Mediation℠ is a tightly-structured, simple process for mediating potentially high-conflict disputes. It focuses on the teaching and reinforcement of simple skills for the clients to use throughout the process.
Incarna Consulting provides policy, system and process design services, as well as analyzing existing dispute resolution or prevention programs within an institution or company. We work with you to identify hazards, gaps, and issues, and construct a logical, effective, and efficient way to manage conflicts at work, in the community, or at the administrative level.
NEW WEBSITE COMING SOON
We are currently renovating our website to better suit our international and domestic arbitration clients, as well as labour and small business dispute lines. During this transition period, our Blog and Social Media may be offline intermittently, and our website will be limited to this landing page. However, we are still actively accepting clients.
If you would like to connect by email, please fill out the form below and we will respond within one business day. While we encourage you to explain your situation, please do not include any sensitive details.