I was called by a local county mediation program who requested that I conduct a family mediation at the court house. I agreed. Upon entering the mediation program door and being given the case folder, I was approached by the Petitioner/Wife’s attorney (“PW”), who stated that her client speaks little English, and although she does represent the Wife she speak no Spanish and has been communicating through her bilingual assistant. She further stated that she told her client bring an experienced interpreter, which she did. I scanned the room and noticed two older women huddled in the corner. As I smiled and nodded in acknowledgment, I watched the interaction of the Wife and the interpreter (who was an elderly woman and appeared to behave more like a supportive family friend than an experienced interpreter). As I guided each party to the conference room and to their seats around the table, the Respondent/Husband’s attorney (“RH”) whispered in Spanish to the Husband, “Are you ok with having that person here as an interpreter?” He responded, “Yes, she is the neighbor I told you about. The one who talks to my wife a lot. I do not mind if she wants to be here.” I did not acknowledge the attorney/client whispering dialog, and simply proceeded to sit in my seat. As I looked at the parties, I announced, “Thank you all for participating in this process. As I give my opening statement I will be advising you of my role as a mediator, and all of your roles as participants. The interpreter’s role is the most difficult, so from this moment forward, I will speak much slower, so the interpreter can translate everything I say accurately.” I then looked at the interpreter and said, “Please translate everything I say as accurately as possible. I speak enough Spanish to know if you are not accurately translating what I am saying. Ok?” She nodded and said, “Of course.” So I proceeded, “My name is Stanley Zamor. I am a Supreme Court Certified Mediator, certified in Family and Circuit Civil. I am a mediator and can not serve as an attorney or advocate for either parties.” I stopped and nodded to the interpreter to translate. She nodded in response. Turned to the Wife and said in Spanish, “He is a nice man, and he is an attorney who will not be an attorney for us today, but will help you with this case.” I looked at the parties. I noticed the RH’s attorney look awkwardly at the interpreter. I said, “No. Who told you I was a nice man?” then smiled. The Husband and his attorney smiled as they understood my humor. The PW’s attorney just continued to look at me, unaware that the interpreter did not accurately translate what I said from English to Spanish. The RH’s Attorney quickly, but kindly corrected the interpreter, translated what I said the Wife, then advised the interpreter of the importance of being able to translate business/legal terminology accurately. I nodded my head and advised the PW’s attorney that if the interpreter cannot accurately translate for her client, I will have to continue the mediation at a later date, giving her time to find another interpreter. The PW’s attorney stated that she has no problem with opposing counsel translating the opening statement since she obviously speaks proper business Spanish. They all seems to nod in agreement, and I said, “No. That would not be proper. What will happen if/when we caucus? Opposing counsel can not participate as an interpreter for your client during a caucus session. Also, even if I was a bilingual mediator, there are ethical consideration I have to acknowledge that can make me appear bias. So I am sorry, we will have to reschedule and you will have to provide an appropriate interpreter.” Both attorney’s wanted to move forward, but after my statement they all agreed to reschedule….
Mediator Rules/Authority to Consider:
Take Away: Living and mediating in such a diverse culture makes decision hard on how to proceed with attempting to facilitate dialog and navigate resolution between parties. Here lies the art of what mediation is, and here also lies the struggle…. What would you do, since there are rules in place that suggest bi-lingual attorney should not play the role translator and mediator?
