Many family courts will employ mediators who are trained in English in order to be able to hold mediation sessions with non-Japanese spouses who may not have a strong command of the Japanese language. However, while these mediators may be trained in English, they will not be native speakers of the language and the quality of their English ability will vary depending on the court and specific mediator. Therefore, sometimes it can be difficult for a non-Japanese spouse to convey complex ideas related to the divorce or understand what the mediator is telling him or her. This can lead to a communication breakdown that can affect the outcome of the mediation session and divorce.
In order to prevent this from occurring, it is always best to seek legal counsel when undergoing divorce mediation in Japan. Having a Japanese attorney represent a foreign national spouse is the best way to ensure that the spouse’s rights are fully protected and he or she knows exactly what is happening during the mediation session. A Japanese attorney with a strong command of the English language can also act as an interpreter during the mediation sessions and ensure that his or her client is not disadvantaged by the language barrier.
In other cases, it may also be possible to enlist the help of an interpreter during mediation sessions. Normally, third parties are not allowed to participate in divorce mediation but if the other spouse gives his or her consent, and the family court does not object, it may be possible for an interpreter to help the foreign national spouse understand the content of the divorce mediation and fully participate without fear of a language barrier. Having an interpreter in addition to legal counsel allows the attorney to focus on making a strong argument while the interpreter provides translation for the non-Japanese spouse.