Translators' Associations as Court of Arbitration?
Thread poster: Pablo Bouvier

Pablo Bouvier  Identity Verified
Local time: 20:29
German to Spanish
+ ...
Jan 27, 2010

Do you believe that Translators' Associations should act as Court of Arbitration in litigations between translators and other entities like agencies, clients, proofreaders, etc)?

 

Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 20:29
Member (2005)
English to Spanish
+ ...
Yes and no Jan 27, 2010

Hm... Maybe it would be a good idea as the association would probably the people who know the applicable law. Hence, yes. On the other hand, being a translators organisation, customers would rightly suspect that translators would be favoured in the rulings. Hence, no.

 

QUOI  Identity Verified

Chinese to English
+ ...
absolutely not Jan 27, 2010

A translators' association is supposed to represent its members, advocating for and promoting their rights, interest and welfare etc.. An association cannot act as an arbitrator/adjudicator when dealing with external disputes.

[Edited at 2010-01-27 10:52 GMT]


 

David Eunice  Identity Verified
Japan
Local time: 03:29
Japanese to English
In many countries professional organizations regulate themselves Jan 27, 2010

Yes.
In many countries medical associations can withdraw membership from
doctors who do not follow professional codes.

Just as doctors are generally the people who best understand the human body,
the only people who really understand translation issues are translators.

If an arbitration mechanism were in place, it would give dissatisfied translation
clients a forum to air their grievances. It would also give other translators
a clear idea of their legal responsibilities.
If unable to accept arbitration decisions, the unhappy party would always
have recourse to litigation through civil law.

Translators already act responsibly in court translation, patent translation,
and in maintaining confidentiality. Why should experienced translators
arbitrating disputes be considered biased?

It is in the interests of all translators to be seen to have certain standards.
Presumably the only sanction in the arbitration process would be to rescind
the credentials of the offending party? Such a decision might also affect
the result of any subsequent legal action.

A public arbitration process would lead to greater transparency
in a rather opaque industry.


  • Tangent Alert

Such a set up might also force agencies to act more responsibly.
For example, they might start issuing proper briefings stating
what kind of translation product is desired.

Or maybe that isn't a good idea, because the best translation
for an agency is not necessarily the one fulfils the purpose of the text.
It's more likely to be the one that is easiest to check.

[Edited at 2010-01-27 10:55 GMT]


 

Laurent KRAULAND (X)  Identity Verified
France
Local time: 20:29
French to German
+ ...
XX Jan 27, 2010

Sorry, double posting - please remove.

[Edited at 2010-01-27 11:19 GMT]


 

Laurent KRAULAND (X)  Identity Verified
France
Local time: 20:29
French to German
+ ...
SFT Jan 27, 2010

The French SFT offers arbitration to both its members and to clients dealing with its members when it comes to assess the quality of a translation. I think it is a valuable service and, as far as I know, it works on a fully anonymous basis. But it can of course only give amicable solutions.
I have the impression that this forum and other ones would feature a less important amount of threads in the direction "Agency does not want to pay because client was not satisfied with job" if more associations would offer such a service.

[Edited at 2010-01-27 11:18 GMT]


 

Desdemone (X)
Local time: 15:29
French to English
Yes, but Jan 27, 2010

ScottishWildCat wrote:

The French SFT offers arbitration to both its members and to clients dealing with its members when it comes to assess the quality of a translation. I think it is a valuable service and, as far as I know, it works on a fully anonymous basis. But it can of course only give amicable solutions.
I have the impression that this forum and other ones would feature a less important amount of threads in the direction "Agency does not want to pay because client was not satisfied with job" if more associations would offer such a service.

[Edited at 2010-01-27 11:18 GMT]


The translators making these complaints would have to be members of legitimate associations. I would hazard a guess to say most people on this site are not.


 

Laurent KRAULAND (X)  Identity Verified
France
Local time: 20:29
French to German
+ ...
All dots and no connecting lines Jan 27, 2010

Paula Rennie wrote:

The translators making these complaints would have to be members of legitimate associations. I would hazard a guess to say most people on this site are not.

Hi Paula,
this is certainly the case and not each and every association offers arbitration. But - would those translators not be more credible as members of a professional association (whenever possible)? And would they not have the possibility, as such, to influence the association's policies?
IOW, I have no objection to see colleagues as independent-minded, free etc. professionals (the "dots") - but I would have no objection either to see their relationship to others via a professional association (the "connecting lines").

It is the same as having/not having a professional liability insurance: is it an expense or an asset?

ETA: I find it quite dramatic that some colleagues seem to rely mainly/solely on the Internet and websites such as this one to get in touch with other professionals. No judgement intended, though. But seriously: one will get more professional advice from a CPA when having to deal with their tax returns than from asking this and that question in a ProZ.com forum, won't they?

[Edited at 2010-01-27 12:30 GMT]


 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

Translators' Associations as Court of Arbitration?

Advanced search







CafeTran Espresso
You've never met a CAT tool this clever!

Translate faster & easier, using a sophisticated CAT tool built by a translator / developer. Accept jobs from clients who use SDL Trados, MemoQ, Wordfast & major CAT tools. Download and start using CafeTran Espresso -- for free

More info »
BaccS – Business Accounting Software
Modern desktop project management for freelance translators

BaccS makes it easy for translators to manage their projects, schedule tasks, create invoices, and view highly customizable reports. User-friendly, ProZ.com integration, community-driven development – a few reasons BaccS is trusted by translators!

More info »



Forums
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search