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Translation and interpreting are as prone to problems as any other business activity, for a number of reasons:
- The translation profession is not regulated in any way - anyone with a PC and 'knowledge' of a foreign language can set themselves up in business as a translator. Some are good, and a real asset to their clients, whilst others are a liability to anyone with whom they have dealings. The problem for the client is in telling the difference before it is too late.
- Translation suppliers come in many forms -
- individuals;
- small agencies run by translators who subcontract work they cannot handle and charge a commission for their involvement;
- small agencies run by non-linguists, perhaps as an adjunct to their main line of business, who charge a commission but have rather less awareness of the problems of translation work; and
- translation companies, run by people who understand the translation process and who are able to revise the work done by their suppliers - some less than others, some who pay lip service to the principle and only revise some of the languages they handle, others who revise everything.
- size does NOT matter - agencies and translation companies (as defined above) can also be of any size and biggest is not always best. Euronet is a good example of ‘small is beautiful’.
What chance for the buyer?
- Buyers are in an invidious position - possibly more so because non-linguistic clients do not have the same ability as professional linguists to distinguish good suppliers from poorer ones, or the knowledge to be able to pick up the problems when they receive their translations.
- Source texts are not always well written and even, on occasion, impossible to understand! Let's be honest, it's a fact of life - so don't shoot the messenger for pointing this out!
- Client instructions may be difficult to follow or incomplete; a specific point may have been omitted from the instructions or not followed by the supplier.
- Mismatch of client and supplier expectations - "I thought you would do this" - "I didn't think you would want that" - a breakdown in communication.
- Humans are fallible, translators are human (yes, they are) and therefore fallible. The best of translators will make mistakes from time to time - part of EURONET's quality process is deliberately aimed at minimising the number that escape through to clients.
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Invariably, mistakes are made and differences arise between client and supplier. Many are sorted out and put right amicably, with no harmful effect on the relationship - indeed, many lessons in collaboration can be learned this way, and the relationship is actually strengthened as a result of sharing and resolving a problem.
So, how can you resolve your dispute? When the talking stops...
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Dispute resolution steps in where goodwill is failing and the parties cannot agree a solution. The formal routes to solution really only start to apply when the two sides stop talking to each other and take up inflexible positions.
It can take a number of forms, depending on the situation and the wishes of the parties - or may involve the terms of any contract between them or accepted terms of business. Indeed, one of the first tasks is to determine whether there is an agreed mechanism for the resolution of any dispute between the parties.
If the contract stipulates that all disputes should be resolved by a certain court, then that is the end of the alternative course, unless a mediator is appointed to help them sort out an amicable and informal solution.
As a Fellow of the Chartered Institute of Arbitrators, Peter Barber is committed to "to promote and facilitate the determination of disputes by arbitration and alternative forms of dispute resolution".
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