interpreters for mediation

[A&Jinterpreters]

Hello everyone My wife and I have both been interpreting for about 14 years, and own a very small interpreting company in our area. I have a quick question that hopefully I can get an answer to.

I will try to be as vague as possible here, but still try to get my point across.

There is a deaf couple we know that is going through mediation for their child. It is not court ordered, as they are trying to keep the whole thing out of the court system. They have an appointment with a mediator coming up soon, and told the mediator that they needed to call us to set up an interpreter for the session.

While talking with the mediator, i found out that she refused to hire an interpreter on her own and said that since it was not court ordered that she did not have to pay for the interpreter. This is about the time that I usually ask the person how much they charge the wheelchair user to roll in on the ramp to their building???? But, today I was much nicer and jsut let her say that she refused to hire an interpreter.

Later, the deaf people called and said that they would pay me themselves, if I would come and do the job.

Here is where I am stuck...should I let the deaf person pay me, and just do the job and forget about it.....or do I make a stink about it with the mediator???

What makes me mad is that I know they charge over $300 for this type of mediation session, and she is refusing to pay $100 for me! I know she is not doing it for free, but expects me to do it for free, or have the deaf people pay!!! UGH!

Anyway, any insight would be appreciated.

A and J

 

[Reba]

Is the mediator a private pratitioner or working for a government agency?

Is the deaf couple paying out of pocket to the mediator for the sessions, or is it covered by a government agency (like DSS), or insurance?

Is there another mediator available who would be willing to pay the terp?

Will this assignment involve long-term sessions? That is, there's a difference between a one-time pro bono service, and weekly, months of meetings. If it is long-term, would you and the mediator be willing to make out a long-term contract that would be a little less than your usual fee per session but guarantee a regular amount on schedule?

We could discus more details privately except you don't yet have private message enabled.

 

[A&Jinterpreters]

The mediator is independent and the deaf couple will be paying out of pocket for the session.

It is a one time thing, and is set for next week. I don't think there is time to look for another mediator, one of them is moving out of state and there is a child involved.

I am having a hard time with doing it pro bono, knowing that the deaf people are paying a few
hundred $$$$ for the session, but I also can't bring myself the charge the deaf people. The only time I charge a deaf person is for a wedding or a Tupperware party!

 

[CJB]

How about splitting the cost?

 

[Reba]

The mediator is independent and the deaf couple will be paying out of pocket for the session.

It is a one time thing, and is set for next week. I don't think there is time to look for another mediator, one of them is moving out of state and there is a child involved.

I am having a hard time with doing it pro bono, knowing that the deaf people are paying a few
hundred $$$$ for the session, but I also can't bring myself the charge the deaf people. The only time I charge a deaf person is for a wedding or a Tupperware party!

If I know the couple, I make my services the wedding present. If I terp for product parties, I usually get paid with products.

Since it's a one-time assignment, and the couple offer to pay you, then you can accept it. If they seem unable to afford it but you think they really need the services, you can do it pro bono without worrying that it will be starting a precidence since it's one time. If you do it pro bono, be sure to claim any expenses (mileage) at tax time.

Or you can give it one more shot at persuading the mediator to pay, if you want. Review the RID ADA faq's for help.

 

[A&Jinterpreters]

Thank you very much for the response. Is there a link on here to the FAQ?

I never thought about getting paid in product! I don't think I have ever interpreted for a wedding where I really knew the couple before. But, the more I thought about it, I have done some funerals for free, where the family only wanted me to interpret.

 

[Reba]

Thank you very much for the response. Is there a link on here to the FAQ?

Oops! I meant NAD. I'm not sure which section applies to mediators; it depend on what they are mediating (housing, medical services, child custody, social services, etc.).

There is this:

Title III – Public Accommodations (Businesses)

Title III of the Americans with Disabilities Act (ADA) requires businesses open to the public to ensure that individuals with a disability have equal access to all that the businesses have to offer. ADA Title III covers a wide range of places of public accommodation, including retail stores and the wide range of service businesses such as hotels, theaters, restaurants, doctors' and lawyers' offices, optometrists, dentists, banks, insurance agencies, museums, parks, libraries, day care centers, recreational programs, social service agencies, and private schools. It covers both profit and non-profit organizations. Unlike the employment section of the ADA, which only applies to employers with 15 or more employees, ADA Title III applies to all businesses, regardless of size.

Statute and Regulations: ADA Regulations and Technical Assistance Materials

In 2008, the U.S. Department of Justice proposed new rules for Title III of the ADA, which apply to places of public accommodation (businesses). The NAD filed comprehensive comments in response to those proposed new rules. See NAD Comments to ADA Title III Proposed Rules. No new rules have been issued, yet.

You may use the NAD Memo Public Accommodations, which provides general information about ADA Title III, to inform and advocate for equal access to many different kinds of businesses.

Other NAD Memos apply to specific businesses, such as private schools, higher education, and other educational opportunities, health care providers, hospitals and other health care facilities, lawyers and legal services, and hotels and motels.

An additional NAD Memo can be used to inform and advocate for access to Trade Shows and Exhibitions (which includes a “Model ADA Policy”).

Americans with Disabilities Act | National Association of the Deaf

I never thought about getting paid in product! I don't think I have ever interpreted for a wedding where I really knew the couple before. But, the more I thought about it, I have done some funerals for free, where the family only wanted me to interpret.

You can barter your services for products or other services; it doesn't always have to be a cash transaction.

The only funerals I've done so far were at the request of friends, so I haven't been paid for one yet. If a funeral home requests my services I will charge them.

 

[DavidJ]

While talking with the mediator, i found out that she refused to hire an interpreter on her own and said that since it was not court ordered that she did not have to pay for the interpreter. This is about the time that I usually ask the person how much they charge the wheelchair user to roll in on the ramp to their building???? But, today I was much nicer and jsut let her say that she refused to hire an interpreter.

Later, the deaf people called and said that they would pay me themselves, if I would come and do the job.

Here is where I am stuck...should I let the deaf person pay me, and just do the job and forget about it.....or do I make a stink about it with the mediator???

As a fellow agency owner, I can sympathize. Part of our job is to educate. You can tell the mediator about tax credits for the money she spends on interpreters and that as a business owner she is obligated to provide accommodation, court-ordered services or not.

Despite pushing them to do the right thing, business owners sometimes don't. It's ultimately up to the Deaf couple to advocate for themselves, by, for example, making a complaint with the State, or choosing another mediator.

Let your conscience guide you as to whether to accept the Deaf couple's offer to pay to to do it pro bono.

Good luck,

David

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David Jondreau
www.asli.com
"You'll love our interpreters!"