Cultural and language barriers can seem overwhelming when they are at the heart of a conflict.  Attempting to explain “your side” when communication is limited is a frustrating process, causing a lot of anger and resentment to arise in the negotiation process.  Particularly when parties are involved in a conflict where there are language barriers, the very act of communicating can seem like an impossible task.  Without communication, how can resolution ever be reached?

This is why bilingual mediation plays such an important role in the alternative dispute resolution process.  Bilingual mediation is an opportunity for those involved in conflict of cultural or language differences to be heard in the language of their choice, by someone who understands the implications and nuances of the words used and the legal weight those nuances hold. 

This message is then communicated to the other party in their own language, so that the barrier is finally broken and both sides are able to present to the other their feelings and evidence regarding the situation.   

Mediation provides an inexpensive, informal and confidential way for people to resolve disputes through the assistance of a neutral, third-party mediator (or mediators), who are trained to help people discuss their differences in a logical and rational way. While the mediator is given no power to make the final decision regarding the outcome of the dispute, he or she will attempt to lead the parties in conflict to their own satisfactory conclusion, through mutual responsibility, feedback and communication.

When there are differences in language, a mediator who is trained in bilingual mediation will be a valuable asset to both parties in that he or she will clear up and confusion with language and wording that might be occurring, while also helping the parties reach a satisfactory agreement in resolving the conflict.  The mediator will be able to clear up any confusion that either party, or both parties, might be harboring.  In a clearer air, negotiations can continue and end with resolution if both parties agree to work together to make that happen.

Mediation—unlike arbitration—is truly in the hands of the parties in conflict.  If you and the other party are not able to reach a satisfactory compromise on your own free will, arbitration and other forms of legally binding alternative resolution processes might offer a better outcome.  The good thing about mediation is it never hurts to try, and is very often, highly successful!