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First Page

493

Last Page

512

Document Type

Comment

Abstract

The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential tool to ensure accessibility to the legal system and justice. This section will also briefly look at the impact of cultural expectations by the client to analyze what the client's expectations are of the attorney-mediator and the effect this has on the relationship and the overall satisfaction of the encounter. Part III combines the roles of attorney, mediator, and interpreter. While some argue that combining these roles is both inefficient and unethical, this article proposes that the guidelines for mediators and interpreters can be crafted to create a harmonious relationship, especially considering that the guidelines for these rules vary from jurisdictions, both in scope and in adoption.

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