The key to successfully mediating any cross-cultural dispute is to understand both the similarities and differences that exist between the represented cultures. To do this, one has to understand the ethnic and national makeup of the specific cultural group, their cultural prerogatives, and body language.
A rather recent trend in transnational business dispute resolution is the use of mediation as a method for reaching amicable solutions. However, a successful business mediation that involves representatives of different cultures, who speak different languages, creates unique challenges for all the parties involved. All too often language barriers, cultural differences and the parties' lack of understanding of each other's respective cultures, lead to a breakdown in the negotiation process.
According to the U.S. Supreme Court, an attorney can exercise a peremptory challenge to remove a bilingual juror from the jury panel in today's multilingual America.
According to Hernandez v. New York, 500 U.S. 352 (1991), such a removal does not violate the Equal Protection Clause.
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As our society becomes increasingly multicultural, the potential for cross-cultural disputes becomes more likely. Unlike same-culture disputes, cross-cultural disputes are difficult to mediate due to the unique challenge of having to understand the needs of someone from a different culture.
Continue reading "Language Interpreters, and Mediating Cross-Cultural Disputes" »
The U.S. Constitution guarantees equal access to the judicial system. However, according to a recent study conducted by the Asian American Lawyers Association of Massachusetts, some of the leading causes of impeding Asian-Americans’ equal access are the language barriers and cultural differences that exists between East and West cultures.1
This is particularly true when your Asian-American client is going through probate.
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September 27, 2007 Professional Translation/ Interpreting Services, and Successful Mediation and Negotiation in the Latino Community The key to successfully mediating any cross-cultural dispute is to understand both the similarities and...
September 26, 2007 Legal Translators & Interpreters for Attorneys Help With Gaining an Edge in Cross-Cultural Mediation A rather recent trend in transnational business dispute resolution is the use of mediation as...
September 18, 2007 Court Interpreters, Foreign Language, Equal Protection and Jury Selection According to the U.S. Supreme Court, an attorney can exercise a peremptory challenge to remove...
September 17, 2007 Language Interpreters, and Mediating Cross-Cultural Disputes As our society becomes increasingly multicultural, the potential for cross-cultural disputes becomes more likely. Unlike...
September 12, 2007 How Language Factors Affect Asian-Americans in Probate Court The U.S. Constitution guarantees equal access to the judicial system. However, according to a recent...
