Working with Interpreters
NMC was lucky to be able to work with Natalia Cordillo FCCI, Court Interpreter for Reno Justice Court, in early February of 2023. About ten of us gathered to learn more about mediator best practices when working with an interpreter. Natalia was kind to share her presentation with us. Some of that presentation follows, along with some notes that were taken during the 90 minute session. Additionally, a new section of our Mediators Manual will include the key points for working with an interpreter. Thank you Natalia!
What is a Certified Court Interpreter?
A certified court interpreter is one who has successfully passed tests explicitly designed to measure proficiency in court interpreting skills.
A bridge of communication between parties.
Facilitates communication between the non-English and the English speakers (or other languages).
What is the Role of the Court Interpreter?
The role of a court interpreter is to render a complete and accurate interpretation or translation, without altering, omitting, or adding anything to what is stated or written, and without explanation.
All parties involved in a judicial process are dependent upon the interpreter to provide a faithful and precise rendition of what is being stated. This puts the interpreter in a unique position of trust in the legal process.
A professional interpreter...
will interpret in the first person
will interrupt the speaker if there is a problem with communication
will inform the Court of any conflict of interest
will carry a note pad and dictionary
will not explain a term or an expression
will not engage in any conversation with the non-English speaker
will not provide any kind of opinion or advice
Code of Ethics for Court Interpreters
ACCURACY AND COMPLETENESS
REPRESENTATIONS OF QUALIFICATIONS
IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST
PROFESSIONAL DEMEANOR
CONFIDENTIALITY
RESTRICTION OF PUBLIC COMMENT
SCOPE OF PRACTICE
ASSESSING AND REPORTING IMPEDIMENTS TO PERFOMANCE
DUTY TO REPORT ETHICAL VIOLATIONS
PROFESSIONAL DEVELOPMENT
Tips For Court Personnel and Mediators When Working With Interpreters
DO speak in the 1st person. (DO NOT say “Ask the witness if…” or “Tell him that…”)
DO speak and assure that others speak at a volume and rate that can be accommodated by the interpreter. (DO NOT speak at your normal rate, especially for dates and numbers.)
DO make certain that the interpreter can easily hear and see the proceedings. (DO NOT put them in the corner or out of the way.)
DO your best to assure only one person speaks at a time. (DO NOT speak when others are speaking.)
DO allow interpreter to take notes and use a dictionary during a hearing. (DO NOT require interpreters to work unaided.)
DO allow extra time for the interpreter to interpret the question or the answer
Do allow breaks for the interpreter between or during cases. (DO NOT have uninterrupted sessions that makes the interpreter exhausted.)
DO keep in mind that the translation is not literal or verbatim. Some phrases such as “raining cats and dogs” will need an explanation to aid the listener.
Questions and Answers
What have you seen mediators do that sets the right tone and rules for everyone to follow when there is an interpreter involved? NMC mediators do a good job with us. The mediators who set a tone that gives us extra time to translate for the one side are easier to work with.
What is an unhelpful practice you have experienced you would prefer mediators did not do? Balancing time between the parties is important in mediations and we have to keep in mind that when we are translating for a party they need at least twice as much time to tell their story because everything has to be repeated.
What would you like the mediator to do if people are talking over the top of you? Stop them. We will stop them if we have to but we see it as a part of the mediators job to make sure we are able to translate everything that is said and to interrupt people if they are not allowing that to happen.
Are we and the parties getting word for word translating? How much of a change are interpreters making to what is being said? Trained certified translators will only translate in a word for word manner that adds no content, opinions, suggestions, embellishments, etc… Ideally we will translate as word for word as possible. Please recognize that the order the words are said in will be different from language to language, and, there are some expressions that simply do not translate culturally and so we will often times change an expression like :”raining cats and dogs” to something the party will understand. In Spanish there are two forms of “you” one being formal and one being informal. In many settings it culturally appropriate for translators to being using the formal for of you - “usted” - and save the informal form “tu” for children and very young people. If you are someone who uses informality as a tool in your mediations, know that we may be using the formal form of you while still relaying the informal tone through your words and tone.
Is there a “spin” being put on the translation based on the culture(s) in the room. No. We do not put “spin” on anything. Please see the above question.
Are there differences in how interpretation works with different languages? Every language will have culture attached to it in some way and interpreters of different languages will have to make the same adjusments to the word for word translating explained above.
If we are uncomfortable with something an interpreter is doing in the mediation, how should we handle that in the moment? Take action to meet separately with the interpreter as soon as possible. Take a break and get the interpreter to a separate room to discuss and sort out the issue.