CONFLICTS BETWEEN

INTERPRETERS AND CONSUMERS:

WHEN YOU’VE TRIED EVERYTHING

RID National Conference August 9, 2013

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

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

Giving EI Criticism:

1. Find the Right Setting

2. Start with Something

Positive

3. Focus on the

Behavior, not the

Person

4. End on an Inspiring

Note

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.

Impact

versus

Intent

GROUP ACTIVITY

Participants: 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 #1

Participants: 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 #2

Participants: One Deaf consumer and one hearing interpreter

Shared problem: The 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 but

it isn't possible and there is not time to explain. The Deaf consumer

leaves in a huff.

SCENARIO #3

Helpful tips

• Before filing a complaint, consider addressing the issue

directly with the person with whom you find yourself in

conflict. Sometimes the "offending" individual has no idea

that he/she has been offensive and, given the opportunity,

might welcome the chance to make things right.

• Be clear that the issue at hand is about an identifiable

ethical violation and not matters of personality or personal

likes and dislikes - again, those would better be resolved

with direct and respectful communication

PRIOR to Submitting A Complaint

o * Try approaching the interpreter and sharing your

concerns.

o * Consider talking with his or her supervisor or the

person responsible for contracting or arranging the

interpreter to express your concerns.

o * If you have exhausted all avenues of conflict

resolution, you should examine the EPS Policy

Manual to see if RID has the authority to review

and process the complaint.

Formal

Complaint

Process

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

EPS Complaint Form

Detailed Narrative

English

ASL Video

Mediation

What Is Mediation?

Who are the

mediators?

The mediators are

members of RID and/or

the National Association

for the Deaf (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.

Mediation is a collaborative problem-solving process that allows the person filing the complaint and the interpreter to discuss a shared conflict and mutually agree upon a resolution. The parties meet with one or two mediators who serve as neutral third parties to facilitate and guide the discussion. It is up to the parties to negotiate an agreement, if any. Mediation is the first step in the multi-level grievance system. It aims to increase the efficiency with which complaints can be handled as well as restore relationships.

Meet a Mediator

Pamela Whitney,

CI and CT, SC:L

Region I

“Through the process of mediation parties are often

able to see another's point of view and exchange

information and insight with one another that

contributes significantly to resolving the layers of

issues and conflict at hand. Unlike many mediation

services, the RID EPS allows parties considerable time

to progress through mediation and create solutions that

work for the parties while meeting their individual

needs.

The greatest benefit of mediation is that those involved

in the conflict are the same people who, with the

guidance of the mediator, become empowered to

resolve it. As a result, genuine and workable solutions

are created that allow people to move forward with an

improved understanding of one another as members of

a shared community.”

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

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 and deafness. Adjudicators are given an orientation to the RID complaint structure and undergo training in the case review process.

Adjudication is a peer review process in which a selected panel of interpreters evaluates evidence of an alleged violation and determines whether a professional action was in violation of the NAD-RID Code of Professional Conduct. If it is determined that a violation did occur, the panel is further empowered to determine what sanctions should be imposed.

STATISTICS of the EPS

A Closer Look (2006 – 2012)

Overview Complaints

Received 161

Cases Accepted 63

Mediation

Sessions 39

Adjudications 16

Appeals 4

Rejected Complaints

Agency Related 9

Beyond 90 Days 11

Nonmember 13

Not Interpreting

Related 13

Incomplete information 37

Multiple Reasons 11

Complaint Withdrawn 4

Total 98

MEDIATION STATISTICS

Agreement 30 77%

Non-Agreement 6 15%

No Show, Cancel or

Withdrew 3 8%

Note: 76% of Mediations involving Deaf and Hearing parties

were mediated by a Deaf/Hearing mediator teams.

ADJUDICATION STATISTICS

Violation 5

No Violation 11

Appeal Upheld 4

Note: 88% of Adjudication panels are made of up of Deaf and

hearing interpreter panels.

CPC TENETS MOST CITED

TENET 2 PROFESSIONALISM

TENET 3 CONDUCT

TENET 4 RESPECT FOR

CONSUMERS

Q & A Time

RID HQ

Ethics@rid.org

VP 571.384.5849

CONTACT

Parting Thought