MEDIATION: A NEW NICHE FOR INTERPRETERS

Mediation is a collaborative communication process in which a neutral person tries to help disputing parties resolve their conflict without going to trial. To the untrained ear, it may seem like ordinary conversation, but mediation is actually a specific, structured Alternative Dispute Resolution (ADR) process and a routine pre-trial procedure for most civil, family law, probate and other case types. Although mediation is often court-connected, it has its own universe of terms, concepts, procedures, documents, ethics and nuances that are very different from those in the rigid, adversarial court proceedings familiar to legal interpreters. Only interpreters who understand this distinct universe — and the important ways in which it differs from court proceedings — can provide communicative autonomy for LEP parties who have been ordered or referred to participate in mediation.

This 4-hour session introduces interpreters to the fundamentals of mediation and then guides them through practice exercises designed to help them adjust and apply their current knowledge and practices to mediation. Practice exercises include:

• Adapting your briefing and introduction for mediation
• Selecting the most appropriate interpreting mode and positioning for each of the three stages of mediation
• Sight reading common mediation documents
• Considering possible interventions, such as for emotional outbursts and linguistic and cultural misunderstandings
• Codes of Ethics and Professional Responsibilities for the mediation context.

Participants will leave the session with the fundamental concepts, terms, protocols, ethics and strategies needed to interpret during mediations. Participants will also receive Practical Guidelines for easy reference before and during mediations.