Use of Interpreters in Mediation Dr. Xiaohui Yuan - - PowerPoint PPT Presentation

Use of Interpreters in Mediation

• Dr. Xiaohui Yuan

xiaohui.yuan@nottingham.ac.uk

Translation vs. Interpretation

 Translation: writing mode  Interpretation: oral mode

Contexts:

 Liaison interpretation vs. Conference

interpretation Modes:

 Simultaneous vs. Consecutive

Mediators’ expectations

 ‘the crucial point is that the interpreter must

maintain neutrality. They must not add their

• wn spin to what is being translated but at the

same time must be skilful in conveying the nuances of what is being said’

 An emotional female mediator: ‘I told him to just

translate what is said. No more! No less! But he seldom did!’

Do you really want your interpreter to just translate verbatim?

Why is my interpreter not translating exactly what the person said?

A professional interpreter will make efforts to bridge cultural differences. Interpreters may take initiatives to protect a party’s face and emotional needs to defuse potential conflicts or to enhance rapport by adding their own spin. Very importantly, interpreters are interaction mediators by profession. They are not just language switchers.

 Tip: Show that you understand your interpreter

may add spin in the interpretation to mitigate conflicts and build rapport. Tell him/her to what extent you’d think this is appropriate and whether and how you’d want him/her to translate a party’s explosive comments or emotional

• utbursts.

 You may want to use the corridor time to learn

from your interpreter the party’s uncoloured utterance since it could be important information helping you judge the progress of the mediation process.

Differences between an arbitration/litigation interpreter and a mediation interpreter

 Arbitration/Litigation: a more rigid and pre-set

procedure with a heavy focus on legal and technical aspects

 Mediation: a more flexible procedure with a

strong focus on interpersonal dynamics and rapport management

Interpretation for arbitration/litigation:

 More accessible resources for preparation,

such as written witness statement

 Simpler role definition for an interpreter  Verbatim interpretation sufficient for most

• ccasions

 Interpreter agrees to translate accurately (like a

witness swears on the Bible)

Interpretation for Mediation

 Much more unpredictable interpersonal

dynamics unfolding on the spot

 Much more complicated role definition for an

interpreter

 Due to the interactional features, verbatim

interpretation is not enough

External factors that can cause problems for interactions

 Any conflict of interests between the

interpreter and a party

 Therefore, don’t use a party’s

relative or lawyer

External factors that can cause problems in interpretation

 How is your relationship with the

interpreter?

 Make efforts to build rapport and trust

with your interpreter before the mediation

 Ensure the interpreter’s reasonable

working condition, e.g., reminding parties

• f not talking over each other

External factors that can cause problems in interpretation  Do you know your interpreter’s

style? Are you aware whether your interpreter is familiar with mediation procedures and rules?

 Don’t assume that! An interpreter is

Jack of all trades. S/he may have just completed a medical interpreting the day before!

Interpreters do perceive themselves as having the role of distributing turns of talking

 Tip: Work out before the mediation

with your interpreter what kinds of role you’d like him/her to take on.

 Your interpreter may know or spot

important interpersonal information in body language that you may not realise.

Let’s watch a video clip

Reading Body Language

British: a few grunts and groans half-hearted attempt to laugh heard the words but not really listening scant engagement and little eye contact stiff and upright gestures constantly looked down playing with the stem of his wine glass a nervous cough

Chinese: sincere manner facial expression shows he’s sorry, pain + reluctance no mood for lunch listened with patience

 Tip: your interpreter may well come from

the same cultural background as the party, so s/he may well be able to recognise important interpersonal information, e.g., a certain attitude, mood

• r intention that you cannot identify. Do

talk to your interpreters about it.

Do use interpreters and do use Human interpreters

 You would be jeopardising the minority

language party’s interests! This can mean you automatically break the rule of neutrality by putting more advantage to

• ne side!

 Don’t try to avoid using interpreters

because you don’t like them for whatever righteous reasons you believe.

Make sure you use a human interpreter. The machine cannot do the job!

Let’s recap

 Add all the dos and don’ts. Its boring.

Its prescriptive. But I want you to leave with some points to consider.

DOs

 Before the mediation:

Do choose a trained interpreter with professional certificate Do make efforts to build rapport and trust with your interpreter Do strive to understand your interpreter’s personality and style Do clearly brief your interpreter mediation rules including: neutrality and confidentiality Do tell your interpreter clearly how you want him/her to interpret

 During the mediation

Do take advantage of your interpreter’s bi-cultural capability Do respect your interpreter and be friendly Do make sure of your interpreter’s reasonable working conditions

 Time to formulate a code of conduct

for mediation interpreters. You can make a real difference with this!

 Let’s formalise the profession of

mediation interpreting.

DON’Ts

 Don’t go with party’s suggestion of using a

relative or a lawyer

 Don’t assume your interpreter will act

merely as a language switcher

 Don’t assume your interpreter is familiar

with the mediation process even if s/he worked in litigation/arbitration before

 Don’t be too friendly

Rule of Thumb

 Make sure you use interpreters when one

party cannot sufficiently speak the working language used for mediation

 Make sure you use qualified trained and

professional interpreters from recognised

• rganisations, such as

 ITI (The Institute of Translation and

Interpreting)

 AIIC (International Association of Conference

Interpreters)

Otherwise, this will happen!

Thank you ! Xiaohui (Helen) Yuan on linkedin Xiaohui.yuan@nottingham.ac.uk 00447709111712 Please Get in Touch and Let’s Make Mediation a Success!