CONFLICTS BETWEEN

INTERPRETERS AND CONSUMERS:

WHEN YOU’VE TRIED EVERYTHING

52nd NAD National Conference July 2, 2014

David Thacker Bowell, Deaf Consumer of Interpreting Services, RID Supporting Member

Matthew O’Hara, CI and CT, NAD IV, CAE

Pamela Whitney, CI and CT, SC:L

Presenters

Agenda

Introductions

Code of Professional Conduct

Conflict

Mediation Program

Adjudication Process

Q&A

ETHICAL PRACTICES SYSTEM (EPS)

The goal of the

EPS is to uphold

the integrity of

ethical standards

among interpreters.

NAD-RID CODE OF PROFESSIONAL CONDUCT (CPC)

1. Confidentiality

2. Professionalism

3. Conduct

4. Respect for Consumers

5. Respect for Colleagues

6. Ethical Business Practices

7. Professional Development

www.rid.org/ethics/code/

DO NO HARM

Ethical Intelligence

1. Do No Harm

2. Make Things Better

3. Respect Others

4. Be Fair

5. Be Loving

Responding with EI

1. Stop. Don’t react right away.

2. Breathe deeply. Cool down.

3. Look at the matter from another point

of view.

4. Ask, “what response is likely to be

effective?”

5. Get help if need be.

Conflict styles

• Different styles w/different occasions

• Is the problem important? • Is the relationship important? • Is the time and place right? • Is the issue negotiable? • Do I trust the other person? • Resources available?

Care enough to be BRAVE

Having hard conversations:

• Right time • Cooled off • Distance from the conflict • Private vs. Public

• Right place • Neutral • Uninterrupted • Distraction-free

Care enough to be BRAVE

• Right mindset • Calm • Open • Agree on issue to resolve • Want to resolve and improve relationship • Future-focused

• Right information • Your truth • Other’s truth

Road Blocks to Resolutions

• Power imbalance

• Strong emotions

• Fear first, then anger or frustration

• Interruptions

• Assumptions

• Distractions

• Tone, facial expression, body language

Finding Resolution

• Recreate a new way • Brainstorm ideas

• Creative x 2 • Unlimited

• Test: What would happen if we….? Is it possible? • Be specific, clear and balanced

• Resolve and Review • Working for both? • Changes needed? • Keep communication open

Finding Resolution

• Questions to understand other’s view

• Why is that important to you? • Can you say more about that? • Can you give me an example? • What do you suggest?

• Separate a want from a need

• Turn taking

• Pausing, taking a break

Assumptions

versus

Questions

Impact

versus

Intent

GROUP ACTIVITY

One Deaf consumer and one hearing interpreter:

Shared problem: Deaf consumer is attending a

political rally where a candidate for office is a featured

speaker. The interpreter is situated on stage right and

the podium is center stage. The Deaf person wants

the interpreter next to the speaker. Security prohibits

the interpreter from moving away from the assigned

location. While interpreting the Deaf consumer waves

for the interpreter to move.

SCENARIO #1

Two interpreter colleagues:

Shared problem: Both interpreters worked together

on an assignment and are also Facebook “friends.”

Following the assignment, one interpreter posted: “I

hope someone gets an “A” on the test because I had

no idea what I was signing – Physics isn’t my thing.”

SCENARIO #2

One CDI and one hearing interpreter:

Shared problem: Both are working together in a

lawyer's office with a Deaf client preparing for a

case. The lawyer keeps speaking directly to the

hearing interpreter, asking inappropriate questions.

The CDI can’t get a word/sign in edgewise and is

dismissed by the lawyer. The CDI becomes upset.

SCENARIO #3

PRIOR to Submitting A Complaint

• Try approaching the interpreter and sharing your

concerns.

• The interpreter may have no idea that he/she has

been offensive and, given the opportunity, might

welcome the chance to make things right.

• Be clear that the problem is about a possible ethical

violation.

• If the problem is a matter of personality or personal

likes and dislikes, share your preferences directly and

respectfully

PRIOR to Submitting A Complaint

• Talk with his or her supervisor or the person responsible

for contracting or arranging the interpreter to express

your concerns.

• Talk with the agency who sent the interpreter to express

concerns that relate whether the interpreter is a good

match for you.

• If these don’t work to address the conflict, check the EPS

Policy Manual to see if RID has the authority to review

and process the complaint.

RID EPS’s Jurisdiction

Based on possible violation(s) of the

CPC

Related to interpreting services

Filed by a person with direct

knowledge

Filed against a member of RID

Filed within 90 days of the incident

Filing a Complaint

1) EPS Complaint Form

2) Detailed Narrative

• English

• ASL Video

STATISTICS of the EPS

A Closer Look (2006 – 2013)

Complaints Received 200

Cases Accepted 87

Mediation Sessions 51

Adjudications 19

Appeals 4

A Closer Look (2006 – 2013)

Agency Related 9%

Beyond 90 Days 13%

Nonmember 12%

Not Interpreting Related 14%

Incomplete information 35%

Multiple Reasons 10%

Complaint Withdrawn 7%

Total 113

Summary

Complainants 80% Deaf

Cases Accepted 65% mediated

Mediation Sessions 80% agreements

Mediation

What Is Mediation?

Who are the mediators?

The mediators are

members of RID and/or

NAD. They are interpreters

and Deaf individuals who

have completed

professional mediation

training through RID. They

are knowledgeable in ASL,

Deaf culture and the

interpreting process.

• Collaborative problem-solving process

• Discuss a shared conflict and

create agree upon a resolution • Neutral mediator facilitates and

guides discussion

• Goals: to restore relationships and trust

Meet a Mediator

“I personally believe in the system. Each “griever” should be given the opportunity to resolve the conflict.

I love the wonderful feelings everyone experiences when the conflicts are resolved [during mediation].

Within conflicts, oppression of the consumer appears to be a common theme, be it intentionally or not.”

Judith Gilliam,

RSC, CDI

Region II

Comments from Consumers

“The process was difficult for all

involved, but I think (it was) very fair.

I left satisfied that my issue had been

heard and the resolution reached

was one that the other person and I

both agreed upon. I felt it was a good

process and I would encourage

anyone who has an issue to try it.

Mediation works!”

- Deaf Complainant

MEDIATION STATISTICS

Agreement 39

Non-Agreement 6

No Show, Cancel or

Withdrew 9

Adjudication

What Is Adjudication?

Who are the adjudicators?

RID has appointed a group

of adjudicators to serve as

case reviewers. The

adjudicators are all members

of RID and/or NAD, are

certified interpreters (deaf

and hearing), are skilled in

ethical decision-making and

are knowledgeable in the

field of interpreting.

Adjudicators are given an

orientation to the RID

complaint structure and

undergo training in the case

review process.

• Peer review panel evaluates evidence of an alleged violation and determines whether a professional action was in violation of the CPC

• If it is determined that a there

is a violation, the panel determines what sanctions should be imposed.

ADJUDICATION STATISTICS

Violation 6

No Violation 12

Appeal Upheld 4

Q & A Time

RID HQ

Ethics@rid.org

VP 571.384.5849

CONTACT

Parting Thoughts