Bridge the Communication Gap: The Benefits of Having (and Being) a Bilingual Mediator

Tue, Dec 3rd, 2024 | by Miles Mediation and Arbitration | Article | Social Share

By James Young

According to the United States Census, the number of people in this country who speak a language other than English at home has tripled in the last four decades. Now nearly 70 million people speak a language other than English at home. Between one-quarter and one-half of those people say they speak English “less than very well,” which means there are millions of people who need, or would benefit from, having an interpreter at legal proceedings.

As an attorney and mediator who is fluent in both English and Spanish, I often represent clients who have limited English skills or for whom English is not their native language. I’ve also found that there are several advantages to being a bilingual mediator and have been chosen to mediate cases because of my ability to speak Spanish.

For example, I was recently asked to mediate a case where both of the parties spoke Spanish. The plaintiff’s attorney was a bit reticent to hire me because, in his words, he could have chosen a “less expensive” mediator. In that case, the defendant’s attorney, who is not bilingual, thought a bilingual mediator was a valuable addition to the process, while the plaintiff’s attorney thought having a bilingual mediator wasn’t worth my mediation fee — especially because defense attorney, who wasn’t bilingual, was already hiring an interpreter for the mediation.

At the mediation, however, it was a huge help for me to be bilingual. For example, when we listened to some audiotape at the mediation, I was able to listen to how the interpreter on the defense side interpreted the audiotape to the defendant and make sure we all agreed on what was being communicated. At another point, the parties were going into a brainstorming session and the interpreter referred to this as a having a “storm in your brain.” It was nothing egregious, but I could have been confusing for the Spanish-speaking party. I suggested that the interpreter describe what we were going to do in a different way.

Although the case did not settle, both parties felt confident that they understood what was happening, and that I as the mediator fully understood both sides. Plaintiff’s counsel noted that he was happy that he and opposing counsel selected me to assist with their case, and both attorneys agreed that they are better prepared for trial (in the event the matter does not ultimately settle).

Evolving as a Bilingual Attorney and Mediator

As an attorney based in Charlotte, North Carolina, I use Spanish in my practice almost daily. I initially started out as a lawyer who practiced immigration law, and 90 percent of my clients were Spanish-speaking. As my practice changed significantly and I did fewer applications for visas and other immigration work, I did a fair amount of criminal work and many of my clients spoke Spanish. I also was asked by judges to take on indigent clients who were Spanish-speaking as well as represent Spanish-speaking clients as guardian ad litem.

Today, as a bilingual mediator and arbitrator, I pay attention to the way words are interpreted, especially legal terms, to make sure that they are being communicated accurately. If I think something is being misinterpreted, I will politely intervene to make sure that all the parties are on the same page in terms of what’s being communicated.

Being a bilingual mediator also helps me connect almost immediately with litigants. I’ve traveled extensively and often have been to the country where they’re from — I’ve been to Mexico, Guatemala, Spain, and Costa Rica. When I introduce myself to the Spanish-speaking litigants, I use my Spanish and related experiences to connect in some way shape or form, and they often sigh in relief or smile. They’re often shocked that this brown man speaks fluent Spanish, and they usually begin trying to guess my country of origin. It helps break down barriers. When you walk into a room with strange people, the rapport you can build is critical. Being able to speak the parties’ language lends itself to trust and credibility. That’s a huge advantage — you’re building rapport with the parties from the outset.

Expectations of a Bilingual Mediator

Simply speaking some Spanish isn’t enough to qualify you as a bilingual mediator. You need to be extremely conversant in the language and to feel very comfortable speaking the language. For example, one of the things I do to get ready for a mediation is to go over key terms in both Spanish and English. You also must be aware of different accents. For example, Spanish spoken by people from Mexico is different than that spoken in Puerto Rico, the Dominican Republic, or in Spain.

You must also be comfortable handling language and to be familiar with idioms. For example, the English spoken by someone in New Jersey sounds a little different than that spoken by someone from “the deep South” — and people use different terms to refer to different things, like “soda” versus “pop.” You must be mindful of these types of issues and to be generally comfortable with the language and know the terms that are peculiar to a case or industry. You should familiarize yourself with those concepts and know what they are; what they mean; and how they are expressed in both languages before the mediation.

I wish more attorneys understand the value of a bilingual mediator. Sometimes they think, “well, we have an interpreter anyway, so why use a bilingual mediator”? But the value is more than my ability to understand another person’s primary language; it’s my ability to build rapport and trust in a different way.

“Settling a case is about communication, understanding and trust. Having a mediator who is able to speak the language of my client is invaluable in all three respects,” says S. Camille Payton, plaintiff’s attorney with Hunter & Everage in Charlotte. “It really helps bridge the gap.

“There are always legal terms that family members have difficulty interpreting for my clients,” adds Payton. “Having a mediator who can make sense of it all for my client helps get the case across the finish line.”

If you have a case where your client isn’t conversant in English, a bilingual mediator can help bridge the communication gap — and ensure that all the parties feel heard and understood. This is one of the primary goals of mediation and will also help set the stage for resolution.

*Originally published in the Daily Report and reprinted with permission.

About James Young

James Young is a fully bilingual (English-Spanish) mediator and arbitrator who also maintains an active law practice. He is a North Carolina Certified Superior Court Mediator and has experience mediating a range of cases including, but not limited to, guardianships and Medicaid planning, special needs estate planning, breach of contract, defamation, personal injury, workers compensation, and estate matters. James also has extensive arbitration experience in the areas of personal injury, landlord/tenant issues, and contractual disputes.