Introduction to the AVLIC Dispute Resolution Process

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The following process is the result of direction from AVLIC members and Deaf community members to have a consistent standard for dealing with disputes. While traditional practice has been to deal with concerns through grievance processes, the past few years have led the profession to consider alternatives that encourage resolution via mediation. This approach to dispute resolution was endorsed by the AVLIC members at the AVLIC conference of 1994 in Winnipeg. Since that time, AVLIC has adopted a revised Code of Ethics and Guidelines for Professional Conduct (CoEGPC) (AGM, 2000). In keeping with this CoEGPC, the following Dispute Resolution Process (DRP) has been developed.

AVLIC, through its DRP, seeks to maintain quality and accountability to the field of interpreting. It is expected that any time there is a perceived violation of the AVLIC CoEGPC, the complainant will go to the interpreter involved to address and attempt to resolve the issue in a professional manner and in a spirit of respect and cooperation. The interpreter and complainant will speak freely and openly about all aspects of the alleged incident in order to address the concern. The goal of discussion is to restore an ongoing professional relationship. At the heart of this process is a belief that problems are best resolved by direct communication and a commitment to developing and maintaining professional relationships.

The DRP offers a three-level process for dealing with concerns, namely, Level One: Discussion and/or Consultation, Level Two: Mediation, Level Three: Grievance. While it is intended that direct discussion would resolve the majority of issues, AVLIC has added consultation with AVLIC-trained Internal Resource Persons (IRP) and mediation with professional external resource persons as two mechanisms for resolving ethical and professional conduct disputes. All efforts will be made to resolve concerns by accessing support and services in Levels One and Two. Filing a grievance at Level Three is the option available when the first two levels have not been successful. Level Three grievances will also see a role for an external professional arbitrator who will facilitate and oversee all aspects of the process.

Mediation is based on the premise and the value system which says those individuals involved in a dispute are most capable of addressing that dispute and that they should play the central role in any attempt to work through their own disagreements. Mediation offers an opportunity to clarify issues, discuss differences, and decide on a mutually acceptable resolution to the complaint. The mediator does not make a decision for the two parties; instead, the mediator guides the parties through a structured process designed to enhance communication and to elicit solutions to the disagreement that meet both parties' needs. In situations where mediation has not been successful, the complaint may be formally forwarded to a duly constituted grievance committee for its review. The Grievance Committee makes a determination whether a violation of the CoEGPC has occurred, and issues a decision. Decisions reached by this committee are final.

Integral to this problem-solving process is an Internal Resource Team (IRT) comprised of fifty percent (50%) Deaf and fifty percent (50%) hearing individuals, who meet specified criteria and who are able and willing to commit themselves to the required training to become Internal Resource Persons (IRPs) and a minimum of three years service.

In this model, Canada is divided into five regions with IRPs, where we strive to have equal representation of Deaf individuals and hearing individuals, designated in each region. The regions include:

  • Region One: Yukon Territory
  • Region Two: Prairies (Alberta, Saskatchewan, and Manitoba) and the NWT
  • Region Three: Ontario North/South West (Thunder Bay, Sudbury, Sault Ste. Marie, Nunavut, Barrie, Windsor, Niagara, GTA to Oshawa)
  • Region Four: Ontario East (Cobourg, Belleville to Ottawa) and Quebec
  • Region Five: Atlantic Canada (New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland Labrador)

** For complaints in British Columbia, please see http://wavli.com or contact wavli@wavli.com.  As of July 7, 2011, WAVLI holds three protected titles: (1) Registered ASL-English Interpreter, (2) Registered Sign Language Interpreter, and (3) Registered Visual Language Interpreter which are restricted for use by WAVLI members only and are goverend provincially instead of nationally.

Any interpreter in B.C.  using one of the three granted occupational titles must meet the membership requirements stupulated in the WAVLI bylaws (http://wavli.com/bylaws.html) which state that an applicant must be currently providing interpretation services and have graduated from an acceptable visual language interpreter training program.

Having title protection assures the public that, when hiring an interpreter who is using any of the tree protected titles, that person is qualified to provide ASL-English interpreting services.

There will be up to 20 trained IRPs. IRPs shall not simultaneously hold any Executive Committee positions as president or vice president on the Board of Directors of AVLIC or its Affiliate Chapters, or the national Deaf organizations and their affiliates.

AVLIC's goal is to have fifty percent of the hearing IRP hold an AVLIC Certificate of Interpretation (COI). Other hearing IRP should have a minimum of five years interpreting experience (preferred) and hold Active membership in AVLIC. It is preferred that Deaf IRP have experience as Deaf interpreters, be regular consumers of interpreting services, and hold Active membership in their respective associations of the Deaf.

External professional mediators will be used at Level Two (Mediation), and external professional arbitrators will be used at Level Three (Grievance), offering neutrality, experience and expertise. IRPs will be available to the mediators if necessary to offer information specific to cultural or linguistic issues that may be particular to the field. AVLIC will contract with a national mediation firm for such services. There are several such firms in Canada and a bid for tender could be easily managed by AVLIC for these services. The use of external mediation services ensures that all parties will have access to mediators who are trained in the field of mediation and are well experienced at moving parties through a problem-solving process. The use of external arbitration services ensures that all aspects of the grievance process will be duly managed by a neutral party experienced with grievance models. All costs of the mediation and arbitration processes will be covered by AVLIC.

*Document revised by the DRP committee March 2007.

Proceed to Level 1 of the Dispute Resolution Process