Can we mediate with different languages:
There are always problems in the communication while using the same language. Even if both parties speak the same language fluently, use of words can vary with sub-cultures, geographic areas of origin, educational differences, and many other influences(1). In commercial disputes between parties with different languages the possibilities for misunderstandings grow higher(2). Even if all parties know both languages, there might be gasps and cross lingual misunderstandings between the disputants.
For this reason, it would be helpful if the Mediator knows both languages. Another solution might be to have Co-Mediators, one fluent in English and the other in Spanish.
The Mediator should also instruct the parties to try to speak clearly, avoiding slang and complicated language. Parties have to be allowed to finish their sentences; they need to express their ideas according to their perceptions. The mediator should also allow a reasonable amount of time for the other party to reply(3).
Interpreters can also be useful if the Mediator lacks on knowledge on either language or just needs some support(4).
In this case, it is wise that the Mediator fully assures that the messages from the parties and his own messages are correctly interpreted and understood; therefore confirmation and paraphrasing are important.
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