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Lost in Translation

by Joe Markowitz
November 2016

Mediation's Place by Joe Markowitz

Joe Markowitz

How do we know whether those with whom we are dealing have hostile intentions? How do we establish communication with them? How do we develop trust? The new science fiction movie Arrival addresses these common problems in conflict resolution.

Confronted by forces that appear new and dangerous, our human instincts urge us to fight or flight. Those instincts may also lead us to interpret ambiguous gestures in a threatening way. We face these challenges even when we are dealing with people we know who are speaking our language. Imagine being confronted by an alien race that communicates with symbols we have no key to interpret. The movie nicely illustrates the linguistic complexities involved in asking a simple question like, "What is your purpose here?" It also shows what can happen when communication is misinterpreted. Did the aliens really use a word meaning "weapon"? Or did they mean "tool"? A lot rides on getting the right answer to this question.

The film attempts to make some larger points about language, arguing that the language we speak can actually affect the way we think. The idea that learning a new language might also awaken some new abilities in ourselves takes this point to a more magical level. But sticking to the known and  familiar, we know, when we try to resolve conflicts across cultures, that different cultural norms and habits can affect the way people perceive a problem. The way people of different backgrounds express a problem also affects the ways they approach solving it.

Not only does this film show just how difficult it can be to establish communication, it also preaches the virtues of collaboration over competition. The problem presented by this story can only be solved by twelve different nations working together and sharing information. Once these groups start distrusting one another and withholding information, they risk war. So it's a film that works both on the micro level of establishing communications between two parties who have difficulty understanding each other, and on the macro level of building world peace.

Biography


Joseph C. Markowitz has over 30 years of experience as a business trial lawyer.  He has represented clients ranging from individuals and small businesses to Fortune 500 corporations.  He started practicing with a boutique litigation firm in New York City, then was a partner in a large international firm both in New York then in Los Angeles, then returned to practicing with a small firm and on his own.  In addition to general commercial litigation, Mr. Markowitz has expertise in  intellectual property, employment law, entertainment law, real estate, and bankruptcy litigation.  Mr. Markowitz has managed his own firm since 1994. Mr. Markowitz was trained as a mediator more than 15 years ago, and has conducted a substantial number of mediations as a member of the Mediation Panels in the Los Angeles County Superior Court, the District Court and Bankruptcy Court in  the Central District of California, as well as private mediations.  He has served since 2010 as a board member of the Southern California Mediation Association.   



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