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The Hispanic/Latino population is growing at a faster rate than many other populations in the United States. Because much of this past and current population growth is due to immigration from Latin America, 1 conflict resolution providers are encountering, and are likely to continue to encounter, mediation participants who require Spanish-language mediation services. This Hispanic/Latino population growth is perhaps most pronounced in, though by no means unique to, Texas and the other states that border Mexico.
In order to study the impact of such growth on the conflict-resolution field, we conducted a survey of Texas Dispute Resolution Centers (DRCs)2 under the auspices of the Texas Association of Mediators. The complete results of the survey are recorded in a previous article. 3 In this article, we will discuss the DRCs' perceived needs and our own recommendations for serving their Spanish-Speaking residents.
As Texas DRCs grew in number during the 1980s and 1990s, 4 the Hispanic/Latino population of the state also grew. 5 While all Texas DRCs provide some Spanish-language services, over 85% of them recognize a need to enhance at least some of those services. In an ideal world, DRCs would be able to provide a broad spectrum of Spanish-language services at every step of the mediation process. In the real world, budgetary and other constraints limit what every DRC can provide.
Our survey asked Texas DRCs to list and rank their future needs for serving the Spanish-speaking community. When asked about personnel needs, 69% of the respondents expressed some or an urgent need for Spanish-speaking mediators, 44% identified some or an urgent need for Spanish-speaking intake specialists, 38% noted some or an urgent need for Spanish-speaking receptionists, and 25% responded that they had some or an urgent need for Spanish-speaking interpreters. Less than 25% of respondents noted some or an urgent need for other types of Spanish-speaking personnel (i.e., directors/co-directors, assistant/associate directors, and program coordinators). Although five DRCs expressed some or an urgent need for Spanish-language training for their staff, and three DRCs saw some need for Spanish-language training for their mediators, most respondents saw little or no need for Spanish-language training for their staff and mediators. When asked about material needs, 75% of the respondents declared some or an urgent need for Spanish-language brochures and written information, and 44% expressed some or an urgent need for Spanish-language audio-visual materials and advertising of programs, and 38% expressed some or an urgent need for Spanish-language websites.
Our personal experiences at the Harris County DRC in Houston and the responses that all the other DRCs sent to the survey, supplemented by personal visits to some of the DRCs and conversations with their staff, have generated recommendations about steps that DRCs can take to serve their Spanish-speaking participants effectively. In an ideal world of unlimited resources, DRCs would be able to implement all of the recommendations listed in this article. In the real world, each DRC must balance budgetary and other limitations against the size and needs of its Spanish-speaking community before implementing any of the recommendations.
In an ideal world, a DRC would take steps, at every stage of the mediation process, to accommodate the needs of the Spanish-speaking community:
1 Steven A. Camarota, "Immigration from Mexico: Assessing the Impact on the United States," Center for Immigration Studies, at http://www.cis.org/articles/2001/mexico/toc.html (last visited July 18, 2002) (finding that in 2000, Mexican-born immigrants represented 28% of the foreign-born population in the United States, that 73.6 percent of Mexican immigrants living in the United States had arrived in the country in the last 20 years, and that Texas accounted for 18.5 % (1.5 million) of all Mexican immigrants living in the United States); William H. Frey, "The United States Population: Where the New Immigrants Are," 4 ELECTRONIC J. U.S. INFO. AGENCY 1 (June 1999), at http://usinfo.state.gov/journals/itsv/0699/ijse/frey.htm (stating that most immigrants to the United States during the 1990s were from Latin America and Asia); Steve H. Murdock, "Texas Population Growth Leads Nation," Texas State Data Center, at http:// txsdc.tamu.edu/rbsp971.php (Last modified 12/12/14 CF (last modified Oct. 1, 2001) (attributing 23% of Texas's population growth between 1990 and 1996 to international immigration); "Census Figures Show Dramatic Growth in Asian, Hispanic Populations," at http://fyi.cnn.com/2000/US/ 08/30/minority.population (Aug. 30, 2000) (observing that in 1999, 51% of U.S. immigration came from Latin America).
2 The terms "Dispute Resolution Center" and "DRC" refer to the publicly funded dispute-resolution centers in Texas. Some Texas DRCs include the words "Dispute Resolution Center" in their names, others do not. Nine DRCs are nonprofit corporations, three are organized under Councils of Governments, two are integrated into county governments, and two are located within universities.
3 Clara I. Gómez et al., Spanish-Speaking Participants in Mediation: Past, Present and Future at Texas DRCs, TEX. MEDIATOR, Fall 2002, at 16.
4 At present, there are sixteen DRCs in Texas: Bexar County Justice Center (serving San Antonio), DRC of Central Brazos Valley (serving seven counties between Houston and Dallas), Dispute Mediation Services, Inc. (Dallas), Center for Dispute Resolution of Denton County (Denton), El Paso County DRC (El Paso), Fort Bend County DRC (Sugar Land, Richmond, and Rosenberg), DRC of Harris County (Houston), DRC of Jefferson County (Beaumont), DRC of Lamar County (Paris), South Plains DRC (seven counties in West Texas), McLennan County DRC (Waco), DRC of Montgomery County (Conroe), Nueces County DRC (Corpus Christi), DRC of Potter and Randall Counties (Amarillo and Canyon), Dispute Resolution Services of Tarrant County (Fort Worth), and DRC of Travis County (Austin).
5 See ECONOMICS & STATISTICS ADMIN., U.S. DEPT. OF COMMERCE, 1990 CENSUS OF POPULATION: GENERAL SOCIAL AND ECONOMIC CHARACTERISTICS-TEXAS at Table 1 (1993); BUREAU OF THE CENSUS, U.S. DEPT. OF COMMERCE, 1980 CENSUS OF POPULATION: GENERAL POPULATION CHARACTERISTICS-TEXAS at Table 14 (1982); BUREAU OF THE CENSUS, U.S. DEPT. OF COMMERCE, 1980 CENSUS OF POPULATION: GENERAL SOCIAL AND ECONOMIC CHARACTERISTICS-TEXAS at Table 59 (1982). The 2000 U. S. census has not yet appeared in print. To obtain our data for the 2000 census, we went to the "Census 2000 Gateway," which is maintained by the U. S. Census Bureau and located on the Internet at http://www.census.gov/main/www/cen2000.html . In 2000, 4,160,640 of the 6,669,666 Hispanic/Latino residents of Texas lived in the areas now served by the sixteen Texas DRCs.
6 For a discussion of the cultural assumptions contained in United States mediation models and the need to adjust existing models or devise new ones when people of different cultures are involved in a dispute, see John Paul Lederach, PREPARING FOR PEACE: CONFLICT TRANSFORMATION ACROSS CULTURES (1995).
Clara I. Gómez is a microbiologist turned attorney turned mediator. She is heavily involved in community and bilingual mediation issues. She is a trainer with the Harris County DRC and serves as an instructor on negotiation and conflict resolution in a variety of forums.
A mediator since 1993, Judge Josefina Rendon has mediated over 1,200 disputes in a variety of areas including family, employment, personal injury and many other areas of law. For almost 4 years, she taught negotiation and mediated for the U.S. Air Force, Army, and Navy. She has been a Municipal Court Judge for 27 of the last 31 years. She is also a former Civil District Judge.
Rendon is a published author of over 100 articles and book reviews as well as a frequent speaker (locally and internationally) in the areas of dispute resolution, negotiation, cultural diversity and law. She was editor of The Texas Mediator and an editorial board member of both the Texas Bar Journal and The Houston Lawyer.
Judge Rendon is the current president of the Association for Conflict Resolution–Houston (ACRH) and past president of the Texas Association of Mediators (TAM). She currently serves on the board of the Dispute Resolution Center of Harris County. She also previously served on the board of the Texas Center for The Judiciary as well as on the councils of the Alternative Dispute Resolution sections of both the State Bar of Texas and the Houston Bar Association.
In 2011 Rendon was awarded both the Justice Frank Evans Award at the State Bar of Texas convention and the Susanne Adams Award at the Texas Association of Mediators Conference. Each award is given annually to persons who have performed exceptional and outstanding efforts in promoting or furthering the use of mediation and who set an example for the rest of the mediation community in Texas to follow. Rendon was also named among Texas Who’s Whos in ADR by Alternative Resolutions, publication of the State Bar ADR section in 2007.
Walter A. Wright is a mediator based in Texas, USA.
Walter A. Wright es un Profesor de Derecho y Métodos Alternos de Resolución de Conflictos en Texas State University, San Marcos, Texas, EE. UU. Estudia, investiga, y escribe sobre la utilización de la mediación en los EE. UU. y América Latina. Un abogado, mediador, y árbitro, el Dr. Wright es presidente de Levey & Wright, P.C., un estudio jurídico en Austin, Texas. Ha sido el presidente de la Asociación de Mediadores de Texas y de la Asociación de Abogados-Mediadores, una organización de categoría nacional en los EE. UU. Actualmente integra la junta directiva de la Asociación de Mediadores de Texas y es el editor de Alternative Resolutions¸ la revista cuatrimestral de la Sección de Resolución Alterna de Conflictos del Colegio de Abogados de Texas.
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