LeMonSorLiMeS ? theMiSuSeofaworDLeaDStoaniMPaSSe
Mediation & arbitration Section Chairs : GeraldAlbrecht – AlbrechtMediationServices , AmberBoles — LawOfficeofAmberBoles & LaraTibbals — TibbalsMediation , LLC
It is important to understand how language and cultural differences can interfere with the successful resolution of a case during mediation .
Two years into my legal practice , my supervisor asked if I would rotate to a different unit with more serious cases . I , instinctively , said , “ let me ask my pillow .” He looked at me perplexed and politely asked if I was having a mental breakdown . “ I just need to think about it overnight ,” I clarified . See ? English speakers “ sleep on things .” We , Spanish-speakers , “ ask our pillows .” Subtle language and cultural differences can quickly cause a breakdown in communication .
Communication is the process of exchanging ideas , opinions , facts , and feelings . This exchange is necessary to any negotiation . A successful negotiation whereby the parties walk away with a satisfactory agreement depends on how effective the parties communicate with each other . If a breakdown in communication occurs the negotiation may come to a halt , or worse , create more conflict .
In the world of conflict resolution , miscommunication and misunderstanding are common barriers to effective communication . A good mediator will work toward eliminating these obstacles , enabling the parties to identify issues and
explore mutually agreeable alternatives through meaningful communication . Language is the most common tool of communication , and language barriers are a root cause of misunderstandings .
Think of two people whose native languages are different and who speak and understand the other ’ s language at a very basic level . They can communicate but may encounter the common problem of false cognates . False cognates are words in one language that are similar in form or sound in a different language but are not etymologically related . A Spanishspeaking parent may tell you , “ I was mad at my husband because he thinks it is our daughter ’ s choice to assistthe school .” You may then ask , “ what sort of help would your daughter provide ?” The parent will be confused and will not deliver a logical answer because she meant that her husband believes it is their daughter ’ s choice to attend school .
The improper use of one word changed the entire meaning of the conversation . In English “ assist ” is to help , and to the parent , “ assist ” sounds very close to “ asistir ,” which in Spanish means to attend . I must confess that when my husband asks
Subtlelanguageandculturaldifferencescan quicklycauseabreakdownincommunication .
me to buy lemons I still pause and think , “ green or yellow ,” because in Spanish lime is “ limón ” and lemon is “ lima .” These may seem like trivial illustrations , but the impact of these misunderstandings in mediations can result in an unnecessary impasse .
A mediator can attempt to overcome an impasse if there is a genuine disagreement in positions , but this is a challenging task when the issue is miscommunication due to language . Miscommunication certainly occurs when we speak the same language , but the likelihood of it occurring when language barriers and cultural differences are present increases significantly .
A mediator who speaks the same language as the litigants and understands the subtle cultural differences will maximize enhanced communication and minimize frustration due to things being lost in translation . n
Author : Mafé Rajul – MFR Mediation
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