Language and Cross-Cultural Communication in the Courtroom

Law and Language Project

Submitted By:

Anshita Singh

Submitted to:

Prof. Shivendra Rahul

BLJ1.5 BA LLB (Honors in Adjudication and Justicing)

Year: 2023

Semester: First

Month-Year of Submission: October 2023

Maharashtra National Law University, Nagpur

S.NO TABLE OF CONTENTS PAGE NO.
 1 ABSTRACT 3

2 RESARCH METHADOLOGY 3

3 INTRODUCTION 4

4 ROLE OF LANGUAGE IN 4
COURTROOM

5 ROLE OF CULTURE IN DISPUTE 7

RESOLUTION

6 CULTURAL DIFFERENCES AND 8

COMMUNICATION BREACHES
7 SOME EXAMPLES OF CULTURAL 10
DIFFERENCES

8 IMPORTANCE OF FAIR TRIAL 13

9 ROLE OF INTERPRETER TO 14
SOLVE LANGUAGE ISSUES

10 DEALING WITH CROSS- 15

CULTURAL DIFFERENCES
11 CONCLUSION 16

12 REFERENCES 18

ABSTRACT:-
"Language is the road map of a culture. It tells you where its people come from and
where they are going."

Rita Mae Brown (2011) “Starting from Scratch: A Different Kind of Writers' Manual”, p. 47,
Bantam

In the courtroom, communication and language are at the core of communication. Lawyers
need to use language to understand how people think, how social processes work, and what
cultural meanings shape human behavior. But when you're working with people from
different cultures, the language and communication issues become more complicated, and
you need help from interpreters or translators who can act like "cultural brokers". Cross-
cultural communication raises a lot of questions that are rarely discussed in qualitative
studies, so it's no surprise that effective communication is so important in the courtroom for a
fair trial and justice.

Keywords: language, communication, culture

RESEARCH METHADOLOGY:

The researcher has conducted Doctrinal inquiry for this particular undertaking. The
researcher has compiled data from a multitude of primary and secondary sources such as e-
sources, books, previously published research papers, newspapers, and journals. No survey
has been administered to acquire information, be it in a physical or virtual (e-surveys) format.
There has been no direct collection of statistical data. This research paper has employed a
Descriptive research methodology.

RESEARCH QUESTIONS:
  How does cultural diversity influence dispute resolution outcomes in legal settings?
 What are the common communication breaches arising from cultural differences in
legal contexts?
 Can you provide specific examples of cultural differences leading to
misunderstandings in legal disputes?
 What measures can be implemented to ensure a fair trial despite cultural disparities?
 How do interpreters mediate language issues in cross-cultural legal settings, and what
challenges do they face?
 What strategies are effective in addressing cross-cultural differences to enhance
understanding and cooperation in legal disputes?

INTRODUCTION:
In this noble quest, we embark on a journey through the intricate and diverse realm of culture
and its profound impact on the resolution of conflicts. We commence our exploration with a
captivating introduction that highlights the pivotal importance of culture in shaping the
outcome of disputes and legal proceedings. We then navigate through the complex and
intricate terrain of cultural differences, accentuating how these disparities often lead to
breakdowns in communication that necessitate careful consideration. Through the use of
compelling real-life examples, we shed light on the nuances of these cultural distinctions,
illuminating their consequences for resolving conflicts. Moving forward, we underscore the
paramount significance of an unbiased trial, delving into the foundational principles that
ensure justice in a culturally diverse legal environment. Our examination extends to the
essential role of interpreters in overcoming language barriers, thus facilitating effective
communication in cross-cultural legal contexts. Finally, we address strategies for skillfully
managing cross-cultural discrepancies, offering practical insights to promote understanding
and collaboration in the pursuit of fair conflict resolution.

ROLE OF LANGUAGE IN COURTROOM:

Language possesses great authority within courtrooms. In the domain of legal proceedings,
language possesses tremendous authority, capable of determining the verdict of a case,
influencing opinions, and ultimately impacting the decisions of juries. Numerous individuals
possess the capability to influence others through their expertise in language, which acts as a
powerful tool for effective communication. In the context of legal discourse, the three main
components of language are the subject matter, the method of expression, and the tool used
for communication (Stygall, 1994). Legal language places emphasis on the durability of its
subject matter through its structure and grammatical features. The exploration of the
connections between legal language and the establishment and preservation of institutional
authority serves as the introduction to this investigation. Legal jargon is utilized as a vehicle
to demonstrate the achievement of social objectives. Moreover, legal discourse highlights the
use of specialized terminology and precise syntax in situations that involve permission and
reporting (Matthiessen, 2009). The emergence of officially recognized languages within the
Indian legal system is seen as a potential threat, as it has long been a harmonious and well-
organized system conducted entirely in English. 1 This development is viewed as a formidable
challenge to the policy of transferring high court judges, and it is criticized for its lack of
agreement and discussion among the states regarding an alternative universal language. The
concern is that this could lead to a fragmentation of the legal system, where the judiciaries of
different states are unable to effectively communicate with each other due to language
barriers. Therefore, the passage suggests that regional politics and linguistic differences have
the potential to undermine the unity of the Indian legal system. Writings that employ registers
in enabling contexts, such as laws, legislative acts, constitutions, legally binding agreements,
and similar documents, are considered to be employing legal language. Legal language
pertains to texts that enforce registers in reporting scenarios, such as police interrogations,
statements used as evidence, and cross-examinations during court proceedings. The three
foundational elements of legal language are its subject matter, method of expression, and
communication tool (Stygall, 1994). Legal language emphasizes its stability as a linguistic
entity through its grammatical and structural elements. It begins by examining the interplay
between legal language and the construction of institutional authority. For instance, legal
language often utilizes specific terminology and precise syntax to ensure clarity and minimize
ambiguity in legal documents such as contracts or statutes. 2Moreover, the employment of
formal language and standardized formats in legal proceedings aids in upholding the integrity
of the legal system and fostering impartiality among all parties involved. This functions as a
demonstration of how the language used in legal contexts can be utilized as a tool to
accomplish social goals. Furthermore, it brings attention to the usage of legal terminology in
enabling and reporting situations. Legal language is focused on works that incorporate
registers in enabling circumstances. Legislative acts, legally enforceable constitutions, and
other agreements and similar works fall within the scope of legal language. Legal language
also deals with texts that employ registers in reporting situations, such as police
interrogations, statements used as evidence, and cross-examinations in court proceedings,
among others. The creation and interpretation of legal meanings during a trial are also topics
covered by the study of legal language employed in courtroom interactions. Additionally, it
delves into how language usage in courtrooms is utilized to actualize and negotiate power
dynamics (Olsson, 2004). For instance, courtroom dialogues are analyzed to scrutinize how

1
Language of Courtroom Interaction. Language of Courtroom Interaction. 5 Nov. 2012.
2
Platt, M.. Language and Speakers in the Courtroom. no. 4, Sept. 1978, https://doi.org/10.3765/BLS.V4I0.2200.
the key participants in a case, including the judge, prosecutor, and attorneys, express
themselves.3

ROLE OF CULTURE IN DISPUTE RESOLUTION

Culture plays a significant role in shaping how disputes are perceived and resolved,
influencing the mindsets and approaches of the parties involved. This cultural impact extends
to our thoughts and behaviors, both consciously and unconsciously. In the legal system,
intercultural communication presents challenges due to technical language, passive voice,
complex grammar, and negatives, making it difficult even for native English speakers. The
legal environment can be intimidating, especially for those unfamiliar with it, and emotional
for those with a personal stake in the outcome. Language is a crucial tool in legal battles,
from lawyers' arguments to judges' instructions.

Effective cross-cultural communication is essential in our globalized world. Cultural

differences can lead to misunderstandings, and nonverbal cues like gestures and facial
expressions can be interpreted differently across cultures. Stereotyping and prejudice can
hinder unbiased communication. Recognizing and challenging these biases is crucial. Culture
also plays a role in courtrooms, influencing communication styles, conflict perception, and
the understanding of identities and roles in dispute resolution. Cultural values impact the
construction and enforcement of laws, affecting norms, standards, and penalties. For instance,
different societies have varying approaches to laws based on their traditions and values. The
interplay between culture and law is evident in legal developments, including statutes and
labor laws. In conclusion, culture significantly influences dispute resolution, from legal
frameworks to negotiation strategies and court operations. Legal professionals must be
culturally competent to navigate this interplay effectively.4

3
Wagner, A.and L. Cheng. Language, Power and Control in Courtroom Discourse. Routledge, 2016,
https://doi.org/10.4324/9781315581620-5 .
4
Religion, Culture and Dispute Resolution. Religion, Culture and Dispute Resolution. 1 Jan. 2015.
CULTURAL DIFFERENCES AND COMMUNICATION BREACHES:

Felberg and Skaaden (2012) caution against placing the blame solely on cultural differences
for miscommunication, as they argue that this approach could unintentionally marginalize
minority patients and hide underlying communication issues, thus hindering effective
communication among patients, interpreters, and medical staff. Similarly, Sarangi (1994)
criticizes the use of uniform methods to explain cross-cultural misunderstandings and
emphasizes the risks of analytical stereotyping. Scollon and Scollon further underscore that
even individuals who share the same language may belong to different subcultures, leading to
cross-cultural variations within seemingly homogenous groups.5

Communication is deeply influenced by cultural values, which can result in

misinterpretations and misunderstandings. However, individuals who possess cultural literacy
can help bridge these gaps and contribute to achieving the Sustainable Development Goals by
promoting tolerance and effective cross-cultural communication (United Nations, 2015).
While cross-cultural differences do present communication challenges when speakers use
different languages, it is essential to adopt a holistic approach that considers individual
communication skills, interpreter competence, and broader cultural contexts. Recognizing the
complexity of these factors can lead to more effective communication strategies and
improved outcomes in various fields, including healthcare and sustainable development. The
concept of culture's shared nature is intricate and nuanced, indicating that individuals can
belong to multiple layers and possess diverse subcultures. Membership in one group does not
guarantee uniformity across all aspects of life, nor does it imply exclusion from other groups.
This perspective challenges the idea that a single cultural trait can explain an individual's
behavior. In conclusion, cross-cultural communication barriers are multifaceted and deeply
rooted in cultural, nonverbal, and psychological factors. To succeed in cross-cultural
interactions, individuals and organizations must actively address and overcome these
challenges. The complexity of culture becomes apparent when comparing professionals from
different countries. For example, a medical practitioner from one country may share more
similarities with a counterpart from another country, even within the same profession, than
with individuals from their own country in a different line of work. This highlights the

5
Storti, C. (2006, October 10). Cross-Cultural Dialogues. Hachette UK.
difficulty of solely attributing behavior to cultural traits. In some cases, cultural practices or
attitudes may be widely accepted, allowing for generalizations. However, these
generalizations should not overshadow the diverse facets of cultural interactions.The intricate
web of culture requires a nuanced understanding, especially for interpreters working with
diverse participants in community settings. Examples of general cultural traits include
tendencies related to politeness, expression, appropriateness of speech in different situations
and with different individuals, norms of conversational turn-taking, and the giving and
receiving of compliments. As individuals, we possess both individual traits and shared traits
with the various groups we belong to. This duality poses challenges for interpreters,
particularly in distinguishing between these two categories and determining which trait
belongs to which category. Enhancing the shared knowledge between individuals leads to a
more seamless form of communication, whether it be in conversations conducted in one
language or multiple languages. This concept aligns with the notion that interpreters who
possess a greater understanding of the experiences, beliefs, political contexts, backgrounds,
and overall context of the speakers are better equipped to accurately comprehend and
interpret their statements in a pragmatic manner. There may, however, exist cultural practices
or attitudes that are widely accepted within a country or speech community, allowing for
some generalizations to be made. These phenomena can be classified as symbolic and shed
light on our collective understanding of how we act together, who we are, how we are
interconnected, our emotions towards people, actions, and things, and our coexistence with
the world around us (Carbaugh, Citation 2005, p. 1)

Examples of such general characteristics can include common inclinations, such as how we
express politeness, what is considered appropriate to say and when, how we engage in
conversational turn-taking, and how we give or receive compliments, among others. As
individuals, we possess our own unique traits, but we also share traits with the various groups
we belong to. The challenge, particularly for interpreters, lies in distinguishing between these
two aspects or identifying which trait belongs to which category. Nonetheless, the more
knowledge we share with our conversational partners, the more smoothly communication will
flow, regardless of whether the conversation is conducted in one language or multiple
languages (Knapp & Knapp-Potthoff, Citation 1987). Consequently, the greater an
interpreter's understanding of the speakers' experiences, beliefs, political situations, context,
and general background, the more effectively that interpreter will be able to comprehend the
speakers' statements and accurately interpret them in a pragmatic manner
SOME EXAMPLES OF CROSS-CULTURAL DIFFERENCES:

 Kerala Padnav Swami Temple: From the six vaults emerged only five, emerging after
a relentless battle with colossal locks that had effectively concealed the vaults from
the prying eyes of the world. Among the open vaults, Vault A housed the majority of
the treasures. When all the artifacts were combined, an astonishing abundance of gold
and other precious belongings were unveiled. Among the notable discoveries was a
towering 4-foot idol of Mahavishnu, crafted from pure gold and adorned with
dazzling diamonds and precious gemstones. Additionally, a regal golden throne
designed to accommodate an 18-foot deity, countless pure gold chains, one of which
stretched an impressive 18 feet in length, and sacks brimming with gold coins from
both the Roman Empire and the medieval era were found. And yet, let it be known
that this merely scratches the surface of the extensive riches that poured forth from the
unlocked vaults. Ascertaining the precise quantity of treasure released from the
opened vaults becomes an impossible feat. Subsequently, a petition of public interest
was submitted to the Supreme Court of India, seeking a thorough evaluation of the
wealth and perhaps a change in management. However, in 2020, the royal family
emerged victorious in the legal battle, asserting their sole authority over the temple's
administration and all that it encompasses. Now, our attention turns to the unopened
vault, known as Vault B, which beckons the continuation of our tale. Various news
reports suggest that despite relentless efforts, Vault B has remained impervious to all
attempts at unlocking its secrets. Moreover, the temple management committee has
displayed a hesitancy to intervene, not due to the arduous labor involved but rather
due to the belief that Vault B is safeguarded by supernatural forces. It is rumored that
anyone daring to breach the enigmatic vault's seal would inevitably invite grave
consequences. While delving into specific court cases involving cultural barriers can
prove intricate and context-dependent, let us shine a light on a few noteworthy
instances in India where cultural barriers have exerted a profound influence.

 Sabarimala Temple Entry Case (2018): In this instance, the Supreme Court of India
decreed that women from all walks of life should be granted passage into the
Sabarimala temple, which had previously forbidden the entrance of women of
menstruating age. This particular case showcased the clash between time-honored
religious practices and the pursuit of gender equality, thereby shedding light on the
 cultural and religious obstacles at hand. Sabarimala, a notable Hindu sanctuary, has
maintained a longstanding custom of disallowing women between the ages of 10 and
50 from entering its sacred grounds due to their menstrual cycle. This custom is
deeply entrenched in cultural and religious convictions. This legal matter has brought
forth a confrontation between this religious observance and the gender equality
principles enshrined within the Indian Constitution. The case was presented before the
Supreme Court of India, which was tasked with finding a delicate balance between the
rights of religious freedom and the principles of gender equality. The court's
intervention served as a testament to the necessity of addressing cultural practices that
perpetuate discrimination against women, thereby highlighting the discord between
traditional beliefs and modern legal principles. The Supreme Court's ruling, which
granted women of all age groups entry into Sabarimala, left a profound impact on
Indian society. It emphasized the ongoing struggle to bridge the gap between deeply
ingrained cultural practices and the ever-evolving standards of the law. Additionally,
this particular case sparked conversations regarding the role of the state and the
judiciary in reforming age-old traditions. The ruling sparked protests, with staunch
traditionalists vehemently opposing the change. This resistance exemplified the
profound cultural divide, as individuals and groups advocated for the preservation of
religious customs. India's diverse cultural and religious landscape frequently gives
rise to such conflicts. The Sabarimala case serves as a reminder that cultural divides
persist in a society that is in a constant state of evolution and adaptation to modern
values.6

 The Triple Talaq Case (2017): The momentous ruling of the Supreme Court,
deeming the act of immediate triple talaq within the Muslim community
unconstitutional, stands as an eminent and groundbreaking judicial determination.
This particular case has delved into the intricate intersection of personal legislation
and the rights of gender, thereby illuminating the multifaceted cultural and religious
tapestry that weaves through the framework of the Indian legal system.7

6
What Is the Sabarimala Case? , What Is the Sabarimala Case? , 29 Oct. 2023,
https://indianexpress.com/article/what-is/what-is-the-sabarimala-case-5376596/ .

7
Salam, Z. U. (2022, August 14). Five years after Supreme Court’s triple talaq verdict, petitioners
living life as ‘half-divorcees.’ The Hindu, https://www.thehindu.com/news/national/five-years-
after-supreme-courts-triple-talaq-verdict-petitioners-living-life-as-half-divorcees/
article65765026.ece
  Aadhaar Challenge (2018): The Aadhaar case involved challenges to the
government's biometric identification program. It highlighted concerns about privacy
and the government's access to personal information, touching on issues related to
individual rights and technological cultural barriers.

 Cow Vigilantism Cases: Several incidents of cow vigilantism and mob violence have
raised cultural and religious barriers. These cases involve confrontations between the
protection of cows, which are considered sacred by some communities, and the rule of
law.

 Reconciling Religion and Environmental Concerns: Cases related to religious

practices and environmental conservation have also highlighted cultural barriers. For
example, disputes over traditional rituals that involve environmental damage have
been the subject of legal battles.

 Inter-caste Marriage Cases: Cases involving inter-caste marriages often encounter

cultural and social barriers, as some communities oppose such unions. Courts have
played a role in upholding individuals' right to marry across caste lines.8

These examples demonstrate how Indian courts often face challenges related to cultural and
religious diversity, and they are tasked with balancing individual rights and societal
traditions. Each case represents a unique intersection of law, culture, and tradition, with legal
decisions having far-reaching consequences for society.

IMPORTANCE OF FAIR TRIAL:

The privilege of receiving a just and impartial trial can be likened to a protective canopy,
encompassing various entitlements aimed at deterring the arbitrary exercise and misuse of
excessive authority by a governing body during the criminal trial process while
simultaneously advocating for fairness in the trial proceedings for the accused. Establishing a
fair trial is inseparable from the realm of language, for language serves as a conduit of
communication that crucially facilitates accurate comprehension. The matter of language-

8
related rights in the context of a fair trial commonly emerges in scenarios where a language
barrier exists between the accused and the legal proceedings, inevitably necessitating the
involvement of language interpretation. The outcome of a trial or the declaration of a mistrial
can be significantly influenced by issues pertaining to interpretation. In 2019, a man facing
six charges of rape in South Australia was acquitted by a district court due to complications
surrounding the handling of evidence. The allegations against the man included threats of
exposing explicit photographs depicting the intimate encounters of an employee, some of
which were taken without her consent, in order to coerce her into maintaining their
relationship. Despite the judge's belief that the man's threats were both explicit and implicit
and the alleged victim's testimony being described as "generally confusing," the court, with
the aid of an interpreter, concluded that the charges had not been proven beyond a reasonable
doubt. Engaging in conversation through an interpreter rendered the task of uncovering the
truth even more arduous, as the inherent "essence" of the evidence could potentially be lost,
according to the judge's viewpoint. He noted that the testimony provided by the victim at
times was "excessively lengthy and given under circumstances of emotional distress."
Considering the extensive length of the complainant's statements, he expressed doubts about
the interpreter's ability to faithfully convey or translate her words verbatim on multiple
occasions. (Courts on Trial. Courts on Trial. 1 Jan. 1949)

ROLE OF INTERPRETER TO SOLVE LANGUAGE ISSUES :

The court is the temple. It has the authority to make or break a person’s life. It is the place
where the judge is believed to be the god who punishes the wrongdoer and does help in the
betterment of society. But the judge cannot take the decision without listening to the
arguments by both sides of the parties, which ultimately have a specific culture and religion.
Thus, the role of the interpreter comes into play whenever there is a language barrier.
Moreover, it becomes the duty of the judge to understand the case from a wholesome angle
and then take a decision that is not against the good, taking care of what part of society the
accused and defendant come from and their culture, as there are many examples in which
what is very ordinary and casual for one community may be a crime in the culture followed
by some other community. Moreover, if the case is not clear in the judge’s mind due to a lack
of language understanding, the idea of justice will decay.9 It is the responsibility of the court
interpreter to act as a bridge between the lawyers and jury for effective communication. He
will assist the court proceedings by interpreting everything said by a person, be it the
accused, defendant, witness, or any person whose statement may bring even a minute change
in the judgment, without adding, omitting, or changing anything. He does not give legal
advice or talk to anyone about the case. Interpreters must carefully analyze the context, tone,
and non-verbal cues to accurately identify the root cause of misunderstandings. Additionally,
they may need to consult with both parties involved to gain a comprehensive understanding
of the situation before providing an effective translation. The interpreter must be capable of
delivering information in the simplest and easiest-to-understand manner. There have been
some instances where cross-cultural differences and language barriers are blamed on the poor
communication skills of the lawyer or interpreter. The misconception that people who speak
the same language will belong to the same culture must be clear in the mind of the interpreter,
as membership in one group does not prove that there is equality and homogeneity in all
aspects of life for the people who belong to that particular group. Nevertheless, the more
knowledge we share with our interlocutors, the smoother communication will flow, whether
the conversation is monolingual or bilingual (Knapp & Knapp-Potthoff, Citation 1987). It
follows, therefore, that the more an interpreter knows about the experiences, beliefs, political
situations, context, and general background of the speakers, the better equipped that
interpreter will be to understand the speakers' utterances and to interpret them pragmatically
accurately.10

HOW TO CONTROL CROSS-CULTURAL DIFFERENCES:

Certainly, the presence of cultural variances can present formidable obstacles within the legal
realm, necessitating an effective approach to address these dissimilarities in order to ensure a
9
Veilleux, J.. The Interpreter: His Role, Language, and Audience. no. 2, Mar. 1967,
https://doi.org/10.1080/03634526709377586.
10
Veilleux, J.. The Interpreter: His Role, Language, and Audience. no. 2, Mar. 1967,
https://doi.org/10.1080/03634526709377586.
fair and impartial judicial process. In this regard, presented below are several supplementary
recommendations to resolve cross-cultural disparities within courts:

 Enhancing Cultural Acumen: Imbue the judges, lawyers, and court personnel with
comprehensive cultural competency training. This educational endeavor will equip
them with a deeper comprehension and reverence for the cultural backgrounds of the
individuals entangled in legal proceedings.
 Proficient Interpreters: Prioritize the availability of qualified interpreters for
individuals who lack proficiency in the court's language. The ramifications of
miscommunication stemming from language barriers can be momentous within the
legal sphere.
 Cultural Intermediaries: Appoint cultural intermediaries or advisors who can dutifully
assist individuals hailing from diverse cultural backgrounds in navigating the
labyrinthine legal system. These intermediaries will bridge the gap and elucidate legal
processes with utmost cultural sensitivity.
 Gender and Family Roles Sensitivity: Acknowledge the distinctive norms pertaining
to gender roles and family obligations prevalent in diverse cultures. When
adjudicating matters relating to family law, custody, and related affairs, courts should
exude profound sensitivity towards these dissimilarities.
 Alternate Dispute Resolution: Encourage the adoption of alternative dispute
resolution mechanisms, such as mediation, which permit parties to amicably resolve
conflicts while upholding their cultural values and norms.
 Consideration of Customary Law: In cases involving individuals from cultures
adhering to customary or traditional legal systems, contemplate the integration of
aspects of their customary law, provided it aligns with the overarching legal
framework.
 Cultural Awareness in Judicial Decisions: Judges should exercise mindfulness when
rendering legal decisions, taking into account cultural sensitivities. For instance,
comprehending the significance of silence or nodding within specific cultures can
avert misinterpretations.
 Community Engagement: Courts should actively engage with local communities and
cultural organizations to foster mutual understanding and trust. This proactive
involvement will culminate in the establishment of a more inclusive and culturally
astute legal system.
  Resolving cross-cultural disparities within courts is an intricate and perpetual
endeavor, but these measures collectively contribute towards a more equitable and
righteous legal system that wholeheartedly recognizes the diversity of its
participants.11

 CONCLUSION: -

When engaging in the interpretation process within a judicial setting, interpreters are
faced with intricate challenges stemming from cross-cultural misunderstandings. These
challenges arise due to the intricate interplay between cultural disparities and personal
attributes, making it arduous for translators to precisely identify the root cause of
misconceptions. Determining whether miscommunications are a result of individual
peculiarities or cultural disparities can prove to be a daunting task. In the role of an
interpreter within courts and tribunals, a crucial question arises regarding the
appropriateness of alerting judicial officers and tribunal members about potential cross-
cultural misunderstandings. Judicial officers and tribunal members generally welcome the
valuable assistance provided by interpreters, acknowledging that their contribution can
enhance the accuracy of decision-making. Yet, this acceptance is reliant on the potential
repercussion of cross-cultural disparities on the interpreter's aptitude to faithfully
communicate the intended message. Many emphasize that interpreters should refrain from
exceeding their role by providing extraneous information that is unrelated to the message
being conveyed. Nevertheless, not every translator is equally willing to assume the
responsibility of informing the court or tribunal about cultural disparities. In situations
where comprehending the message and upholding justice are of utmost importance, some
interpreters are willing to make the necessary accommodations. However, the majority of
interpreters express hesitation in utilizing this approach. Concerns about potential
stereotyping or overstepping their designated duties weigh heavily on their minds.
Additionally, there is a lack of consensus among those who are ready to notify the court
concerning the most successful approach to execute this procedure. Some may opt to

11
Guo, R.. Managing Cross-cultural Differences. Springer Berlin Heidelberg, 2015, https://doi.org/10.1007/978-
3-662-45156-4_18 .
 inform the presiding officer during proceedings, while others might choose to wait for
breaks or communicate with legal professionals. These findings bring attention to the
intricate dynamics and challenges associated with cross-cultural matters in court
interpretation. Judicial officers, tribunal members, and interpreters alike recognize the
need for well-defined protocols and guidelines to effectively navigate these situations.
The study emphasizes the necessity for enhanced guidance and protocols to assist
interpreters within the legal system as they carefully balance the task of ensuring accurate
interpretation while respecting the boundaries of their role. The results underscore the
need for greater guidance and clearer protocols for interpreters operating within the legal
system.

REFERENCES

BOOKS:

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Gruyter GmbH & Co. KG
 Tamm, D. Courts, Law, Language, and Culture Springer, Cham, 2021,
https://doi.org/10.1007/978-3-030-74851-7_3.
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