MAKING TALK WORK: MANAGING MULTILINGUAL MEDIATIONS Hajer Almajidi

STATISTICS Michigan: 2.9 % (271,000) of the population speaks Spanish. 1.2 % (112,000) of the population speaks Arabic. Wayne County: 3.8% (64,400) of the population speaks Spanish. 3.9 % (65,000) of the population speaks Arabic. Detroit metro area: At least 126 languages are spoken at home. 12 percent of the metro area population age 5 and over speak a language other than English at home.

IS AN INTERPRETER NEEDED? When in the process of dispute resolution, it is important that all parties negotiate with each other to come to an agreement clearly. Under normal conditions, the mediation process can be long and complex; when a non- English speaker is involved in a mediation process, the issues between the problem and the solution become even more complicated. Therefore, it is critical that when non-English speakers become involved in this dispute resolution process, that an interpreter is present to bridge the verbal and behavioral language barrier. An interpreter is needed when one or both parties:  Are unable to either speak or understand English sufficiently to participate in mediation  Do not speak any English

WHO IS THE INTERPRETER:  The mediator  The lawyer  An outside/neutral interpreter  Relative/friend?

QUALIFICATIONS OF THE INTERPRETER?  What is their experience and certifications?  Do they have knowledge of legal terms or specialized language, are they familiar with mediation?  Do they have a membership in organizations such as the National Association of Judicial Interpreters and Translators (NAJIT), The Translators and Interpreters Guild (TTIG), the American Translators’ Association or other organizations with a code of ethics and/or professional conduct.  The fact that a person is fluent in two languages does not mean that he/she is a good interpreter. Understanding the culture makes a person a good interpreter.

WHAT IS THE ROLE OF THE INTERPRETER?  Be neutral and detach yourself from the conflict.  Speak in a soft, calm voice.  Avoid looking the parties in the eyes, so to not divert their attention  The interpreter should only interpret what the mediator and parties say  The interpreter cannot give advice, make suggestions, or engage in private conversations with the person needing language assistance.  The interpreter cannot answer questions.  The person should raise a hand if s/he has a question or does not understand what is being said during the mediation process.  The interpreter can only interpret for one person at a time.  The interpreter can only interpret what is being said; therefore, all responses must be verbal.

WHAT ETHICAL ISSUES ARE INVOLVED?  Confidentiality  Conflict of interests  Neutrality

SIMULTANEOUS OR CONSECUTIVE INTERPRETATION? A consecutive interpreter listens while the speaker talks and interprets when the speaker pauses. This form of interpretation gives the speaker time to organize his or her thoughts and the interpreter time to interpret accurately. But, the use of a consecutive interpreter requires speakers to learn to talk with strategic pauses, doubles the meeting time, and poses the risk of becoming tedious, resulting in the listeners losing attention. A simultaneous interpreter interprets as the speaker speaks. The simultaneous interpreter must be specially trained for this more demanding form of interpretation. Listeners must adjust to hearing both the speaker and interpreter talking simultaneously, unless listeners can hear the interpretation though headphones connected to a microphone of the interpreter who is in a soundproof booth. Simultaneous interpretation permits speakers to talk without disruptive pauses and shortens the time allocated for interpreting, but increases the chance of errors because the interpreter has less time to hear whole thoughts and select the most accurate translation. Simultaneous interpreters are usually more expensive than consecutive interpreters.

SHOULD THE INTERPRETER TRANSLATE WORD FOR WORD OR SHOULD THE INTERPRETER REFRAME WHAT IS BEING SAID?

THE MEDIATOR’S ROLE: Before Mediation:  Meet or speak with the interpreter before the mediation session; to introduce yourselves and give the interpreter a chance to introduce himself/herself and ask any questions before you start the mediation session.  Give the interpreter some background information about the case before starting the session, e.g., names of the parties and attorneys, if any; a brief description of the case, etc. During Mediation:  Stay in charge.  Include in your opening statement the fact that the interpreter is neutral and will keep everything said during the session completely confidential.  Be aware of the different cultures that come into mediation  Set universal ground rules and enforce them so they are aware not to curse, interrupt, shout, point or make obscene hand gestures/or make any hand gestures.

During Mediation: (continued)  Always remember that mediators are trying to communicate with the party, not the interpreter. Statements such as “Tell him/her….” focus on communicating with the parties and not the interpreter.  Remind the parties to speak to one another and not to the interpreter.  Be aware of non-verbal communication (incase interpreter fails to accurately or completely translate during a mediation  Do the parties look withdrawn, confused, angry, frustrated or are they nodding, paying attention to the other party verbal cues  Decide if you need a break to talk to the interpreter and remind them of their role  If the session is approaching an hour in length, check with the interpreter to see if he or she needs a break.  Take advantage of caucusing to speak with the parties.

MEDIATORS SHOULD REFRAIN FROM:  Avoid using jargon, slang, idioms, and culturally-laden references.  Do not ask the interpreter for his or her opinions, e.g., “Do you think this party is telling the truth?”  Do not ask the interpreter to stop interpreting or leave something out of their interpretation as interpreters are required to interpret everything you say or a party says, including phone calls and side conversations in the room.

OTHER SOURCES HANDBOOK TO SUPPORT DISPUTE RESOLUTION IN MULTICULTURAL COMMUNITIES f f MEDIATING THROUGH INTERPRETERS Pistillo, Giovanna. "The interpreter as cultural mediator." Journal of (2003). Retrieved from USING INTERPRETERS IN MEDIATION