¿Cómo Se Dice? Top 5 Things You Should Know About Translation and Interpretation at Mediation

Registration opens soon for “¿Cómo Se Dice? Top 5 Things You Should Know About Translation and Interpretation at Mediation” by Pat Gutierrez and moderated by Megan Moschell. All registrants will have 90-day, on-demand access. Details are below. Course number and 1.0 General CLE; .5 Ethics; 1.0 International Law; and 1.0 International Litigation and Arbitration pending approval.

Patricia Gutierrez (Pat) is a Certified State of Florida Court and  Healthcare Spanish interpreter. She is the president and owner of  Professional Interpreting Associates. It has grown to be a global interpreting and translating company. Professional Interpreting  Associates serves the legal, medical, and international conferencing industries.

Pat is currently living and working from Fort Lauderdale, Florida. In addition to interpreting, she also has a passion for spending time with her loving family. Pat especially finds joy in helping underserved communities. She is an avid reader and enjoys traveling all over the world.

Program Description:

• (5 minutes) Introductions
• (5 minutes) Retaining the services or a translator/interpreter. The speaker will explain the difference between translation and interpretation and help the viewer determine what kind of service they need and what the needs of the client are. The speaker will discuss dialects and the impact of cultural differences.
  • What should attorneys and mediators be looking for as far as credentials or making sure the translator/interpreter is the appropriate person to help? Are there governing boards or associations that can guide experienced people that will know legal terminology? The speaker will explain how attorneys and mediators should find appropriate service providers for translation and interpretation.
• (15 minutes) Preparing Clients. The speaker will discuss how to prepare clients before mediation or any instance where the interpreter/translator is going to be providing services. The Speaker will discuss recommendations for anything to be translated before parties attend a mediation or deposition or something where you’ll be there interpreting. For example, a party may want to review the mediator’s policies, engagement agreement, rules of mediation, and/or any mediation summaries that the attorney may send to the mediator.
  • Before mediation. Also, the Speaker will discuss what information is helpful for you to have beforehand in order to do the best job. The Speaker will discuss that it may be helpful to know where the party is from (dialects) or know more about the nature of the case to make sure you they have all of the terminology (for example, more complicated medical or construction case involving specialized vocabulary)
  • We know how attorneys and mediators prep for mediation. How do you prep? The Speaker will discuss best or helpful practices like calls with counsel or parties before mediation to build rapport vs going in with a clean slate
  • Speaker will discuss clients that want a family member or friend attend to translate or interpret at mediation. Moderator will add that having a family or friend attend mediation is having a participant and parties will need to consent to having that person attend vs a necessary certified translator/interpreter.
    • ETHICS: Moderator will point out Rule 2.565 of the Florida Rules for Judicial Administration which states, “When an attorney or self-represented litigant retains the services of an interpreter to assist a non-English-speaking or limited-English-proficient litigant or witness in a court proceeding or court-related proceeding as defined in the Rules for Certification and Regulation of Spoken Language Court Interpreters, the attorney or self-represented litigant shall, whenever possible, retain a certified, language skilled or provisionally approved interpreter, as defined in the Rules for Certification and Regulation of Spoken Language Court Interpreters. Preference shall be given to retention of certified and language skilled interpreters, then to persons holding a provisionally approved designation” AND Rule 14.100(h) of the Florida Court’s Rules of Professional Conduct for Spoken Language Court Interpreters states that mediation is a “court-related” proceeding.
  • (15 minutes) Translator/Interpreters Role. Mediators have to remain neutral- The Speaker will discuss their role as a translator/interpreter at mediation.
    • ETHICS: Speaker will discuss the Florida Court’s Rules of Professional Conduct for Spoken Language Court Interpreters (Rules 14.310-14.280)
    • Moderator will provide an example and ask follow up questions: In a mediation with a deaf party, a hearing party was concerned that the interpreter for the deaf party was showing favoritism while signing and felt like they had a rapport and was worried that his message may not be getting across properly if the sign language interpreter was taking sides. Moderator took sign language in college and was able to tell him that movement of facial features and eyebrows is part of the language and didn’t necessarily show the interpreter’s personal feelings or emotions regarding the case. It was just part of the communication
    • ETHICS: Moderator will present the 2021 MEAC opinion that affirmed MEAC Opinion 2017-002, that mediators shall not serve in dual roles as both the mediators and interpreter simultaneously. Mediators shall honor the parties’ rights of self-determination and not make substantive decisions for them, including determining agreement language.
      • Speaker will discuss
    • (5 minutes) Problems during sessions. The Speaker will discuss common issues and pitfalls and how to handle those situations best if they were to arise. What if clarification is needed on something. What is the best way to handle that with translator/interpreter?
    • (10 minutes) Settlement Agreements. The Speaker will discuss drafting agreements in English for the Courts and translating for the party at the mediation before they sign. What should attorneys and mediators know about this? Do you sign agreements or do you have a line that says “interpreted by_______”. The Speaker will also discuss considerations about leaving enough time for parties to do that.
      • ETHICS: Moderator will present the 2021 MEAC opinion that affirmed MEAC Opinion 2017-002, that mediators may advise the parties that any agreement filed with the courts must be in English. Mediators are not prohibited from writing an agreement in a language requested by the parties if the mediator is able to write in the language requested and as long as that language was used in the mediation. Ru1e 10.420 (c) requires that “the mediator shall cause the terms of any agreement reached to be memorialized appropriately and discuss with the parties and counsel the process for formalization and implementation of an agreement. A mediator may fulfill this rule requirement by writing the agreement but is not ethically required to do so. Rule 10.310 compels mediators to protect parties’ rights of self-determination and to forego making substantive decisions for any party. The mediator should inform the parties that any document filed in courts must be in English. If the agreement is written in a language that is foreign to one of the parties, the Mediator shall inform that party of the right to have the agreement reviewed with an interpreter or translator before signing. The mediator shall also be aware of any local court rule or Administrative Order that may impact this process.