Frequently Asked Questions

Court interpreters are trained to interpret for the rigid, formulaic needs of formal adversarial proceedings such as depositions, hearings and trials. These proceedings lead to rulings and decisions by judicial officers or juries. In contrast, mediation is an informal, non-adversarial, collaborative process in which the participants themselves decide the outcome, i.e., whether or not to settle their case with an agreement that they create for themselves. The mediator’s duty is to facilitate open communication among the parties in ways that promote each party’s “self-determination.” Thus, the goals, purposes, communication styles, nuances, terms and concepts of mediation are just about the polar opposite of those used for court processes. As interpreters can’t interpret what they don’t understand, they at least need to learn the fundamentals of mediation to be competent to interpret in this context.  

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Interpreters who appear at mediations may range from highly trained and experienced certified court interpreters to barely bilingual staff, relatives or friends of the Limited English Proficient (LEP) party. However, even the most experienced certified court interpreters are unlikely to understand the goals, mechanics, ethics, language and spirit of the mediation process, as ADR is not part of their training curriculum. 

Thus, at best, your interpreter will be applying the rigid interpreting protocols required for adversarial court processes which prohibit them from even pointing out cultural and linguistic misunderstandings, miscommunications and impasses for you to explore. Moreover, they are unlikely to have experience interpreting active listening, reframing, or emotional venting, or to have experience with caucuses, the mediator’s role, party self-determination or other mediation fundamentals.   

At worst, untrained persons who are stepping in to interpret may overstep the boundaries of interpretation, interfering with your process and party self-determination. And their attempted interpretations may be far removed from the messages you and the parties are working so hard to convey.   

Likewise, few mediators understand the field of interpretation or the interpreter’s practical needs, Code of Ethics and Standards of Practice. Mediators who are not in sync with the Interpreter cannot provide a high-quality process and may do more harm than good. 

You may wish to review Videos and Resources for Interpreters, but the most efficient and focused approach is to take an InterpretADR online or in-person training specifically designed for mediators in interpreted mediations. This brief training can give you the tools you need to address the above-described challenges, allowing you to provide high- quality mediations with LEP parties.  Training participants receive a set of Practical Guidelines for Mediators in Interpreted Mediations.