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.

Med-Arb or Arb-Med is a blended process that combines the independence 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 occurred.

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, after which the parties are bound by the previously ‘secret’ award if they have not reached an agreement.

Adjudication is a process similar to arbitration, where a neutral third party makes a decision on matters referred to them by the complaining party. Typically, adjudication looks at matters of fairness rather than legalities, as the issues mostly center around misinterpreting the terms of a contract. Sometimes it is enough for the adjudicator to simply set out the correct interpretation of the contract, but most disputes involving claims for money, time extensions, or strained relationships between the parties require ongoing conflict management until the completion of the contract.

Adjudication is most commonly used in consumer complaints, commercial lease disputes, construction disputes, and force majeure or frustrated contracts.

Administrative tribunals, often called ‘boards’ or ‘commissions’, are established by a professional association, government body, or through legislation to hear and decide complaints according to policies, regulations, and law.  They are essentially arbitration tribunals composed of a panel of content experts; however instead of deciding disputes between multiple parties, tribunals are a rather ‘one-way’ complaint resolution mechanism that decides if a member of an association is in breach of their practice requirements (such as malpractice or misconduct), or if a body or government organization acted inappropriately or unfairly.

Administrative tribunals not only decide the facts of the matter and whether a wrong has occurred, they also have the authority to apply sanctions and remedies.

An investigation is an inquiry into a complaint or incident by a trained neutral party, usually pertaining to misconduct, malpractice, or negligence. It is a fact-finding process to gather and assess evidence, and may result in a formal hearing process or corrective measures being taken. Neutral investigations are vital in the natural justice process, providing a balanced review of volatile situations with far reaching consequences.

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.

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.