In the realm of online mediation, ensuring clear and effective communication is paramount. While English often serves as the primary language, the principles discussed here apply equally to any situation where bilingual needs arise. When a language barrier is suspected in a mediation matter, the first crucial step is to determine whether an interpreter is necessary
Identifying the Need for an Interpreter
Even if a participant does not request or suggest the need for an interpreter, consider using one if the participant is not easily understood by the other parties, or if it becomes apparent that the participant comprehends only a portion of what is being conveyed during discussions or in writing.
Typically, this job falls to the mediator who can make the assessment in a pre-mediation discussion with the party. The goal is to ensure that language does not become a barrier for all parties to fully engage in the process, express their viewpoints, and understand the proceedings.
Engaging a Professional Interpreter
The most straightforward and effective solution is to engage a professional interpreter for the mediation, including for pre-mediation contacts. Another option is using a bilingual mediator, which has several advantages but may not entirely eliminate the need for an interpreter. Relying on family members for interpretation is generally discouraged for several reasons:
- Dual Language Proficiency: Family members may not possess the necessary proficiency in both languages to accurately convey complex legal and emotional nuances.
- Family Bias: A family member’s involvement can introduce bias, intentionally or unintentionally, which can affect the neutrality required in mediation.
- Confidentiality Concerns: Confidentiality is a cornerstone of mediation. Involving family members can compromise this confidentiality, potentially affecting the integrity of the process.
Professional interpreters experienced in remote work using platforms such as Zoom are increasingly available. It is the mediator’s responsibility to ensure the selection of an interpreter who is both competent and qualified for the type of mediation being conducted. An experienced mediator will typically know of qualified professionals through experience or professional recommendations. If not, recognized Language Service Providers (LSPs) can help identify interpreters skilled in remote work. As of the time of this writing, some leading sources for online interpreters include:
- Interprenet (https://interprenet.net/),
- Interprefy (https://www.interprefy.com/solutions/remote-simultaneous-interpretation),
- Sorenson (American Sign Language, https://sorenson.com/).
Confidentiality and competence are paramount when retaining any online interpreter. Therefore, it is crucial to ensure that the interpreter is competent by verifying the interpreter’s credentials and experience in legal or mediation settings, including past reviews, to ensure they can handle the specific needs of the case. For accountability, at a minimum they should sign the same confidentiality agreement as all participants.
Using an Interpreter with Zoom
As a mediation platform, Zoom offers a function that facilitates real-time interpretation during a remote session. This technology can be leveraged effectively to ensure smooth communication between parties. Best practices include setting up interpretation channels before the session, ensuring all participants know how to use the function, and if available, having someone regularly checking in to confirm that the interpretation is clear and accurate.
Mechanics of Zoom Interpretation
- Setup: Mediators should set up the interpretation function in Zoom before the session starts. This involves assigning interpreters and enabling language channels.
- Testing: Conduct a brief test at the beginning of the session to ensure all participants know how to access their preferred language channel.
- Confidentiality: Interpreters must commit to confidentiality agreements, safeguarding the essential privacy of the mediation process, as if they were participants.
- Participant Experience: Non-English proficient participants can listen to the interpreter on a separate audio channel while still being part of the main mediation session. This setup ensures they are not isolated from the rest of the group, maintaining the integrity of the joint session.
Practical Considerations for Clients when Interpreters are Used
When considering a mediation process with participants who speak different languages, participants should be prepared for the following:
- Extended Sessions: Interpreting takes additional time. Clients should anticipate longer sessions to allow for thorough translation and comprehension.
- Additional Cost: Clients should be aware of the additional costs associated with interpretation services. As with all mediation costs, these should be shared equally.
- Interpreter Selection: Ensure that the interpreter is qualified, neutral, and familiar with the mediation process. This selection is crucial for maintaining the quality and integrity of the mediation. The mediator should be able to recommend quality interpreters.
- Clear Communication: Mediators should regularly check in with all participants to ensure that they feel their ideas are being accurately conveyed and understood. This ongoing verification helps to identify and address any misunderstandings promptly.
- Cultural Sensitivity: Recognize that language is deeply intertwined with culture. Effective mediation in multilingual contexts requires sensitivity to cultural differences and an understanding of how they may influence communication styles and expectations.
In online mediation, addressing language barriers is not just a procedural necessity but a fundamental aspect of ensuring fairness and clarity. By recognizing when an interpreter is needed and opting for professional interpretation services, mediators can uphold the integrity of the mediation process and foster effective communication among all participants.
© 2024 Christian Fierro. Disclaimer: This post provides general information and does not constitute legal advice. Please consult an attorney for advice regarding your specific situation.