Multilingual Mediation Services Explained


When people from different language backgrounds need to sort out a disagreement, things can get tricky fast. That’s where multilingual mediation services come in. Think of it as a bridge builder for communication. These services help make sure everyone involved can understand each other, no matter what language they speak. It’s all about making sure the conversation stays fair and productive, even when words are a big part of the problem. This approach opens doors for resolving conflicts that might otherwise get stuck.

Key Takeaways

  • Multilingual mediation services are designed to help people who speak different languages resolve disputes. They use mediators or interpreters who can bridge language gaps.
  • These services are important because clear communication is vital for any mediation to work. Without it, misunderstandings can easily derail the process.
  • Key parts of multilingual mediation include having mediators with language skills or using professional interpreters, and making sure everything said is accurate and neutral.
  • These services can be used in many situations, like international business deals gone wrong, family disagreements across cultures, or issues faced by immigrants and refugees.
  • Using multilingual mediation helps make sure everyone gets a fair chance to be heard and understood, leading to better solutions for everyone involved.

Understanding Multilingual Mediation Services

People in a mediation session discussing peacefully.

The Role of Language in Dispute Resolution

Language is more than just words; it’s the vehicle through which we express thoughts, feelings, and intentions. In any dispute, clear communication is key to understanding the issues and finding common ground. When parties speak different languages, this fundamental aspect of resolution becomes a significant hurdle. Without a shared linguistic framework, misunderstandings can easily arise, turning potentially simple disagreements into complex conflicts. Effective dispute resolution relies heavily on the ability of all parties to fully understand and be understood. This is where multilingual mediation steps in, aiming to bridge these linguistic divides.

Benefits of Multilingual Mediation

Opting for multilingual mediation brings several advantages, especially when parties don’t share a common language. It opens the door for more people to access justice and resolve their issues fairly. Here are some key benefits:

  • Improved Understanding: Direct communication, even with interpreter assistance, allows for a deeper grasp of each party’s perspective and underlying needs.
  • Increased Participation: When language is not a barrier, individuals feel more comfortable and empowered to actively engage in the process.
  • Fairer Outcomes: By ensuring everyone can communicate effectively, multilingual mediation helps parties make informed decisions, leading to more equitable resolutions.
  • Preservation of Relationships: Clear communication can reduce friction and build trust, which is vital for maintaining relationships, whether personal or professional.

Key Features of Multilingual Services

Multilingual mediation services are designed with specific features to accommodate diverse linguistic backgrounds. These aren’t just about having someone who speaks another language present; it’s about creating an environment where language access is prioritized and managed effectively.

  • Language Proficiency: Mediators or interpreters involved possess a high level of fluency in the languages required for the mediation.
  • Cultural Awareness: Beyond language, these services often incorporate an understanding of cultural communication styles and norms, which can significantly impact how disputes are perceived and resolved.
  • Interpreter Integration: Professional interpreters are used to facilitate accurate and neutral communication between the mediator and parties, and among the parties themselves.
  • Process Adaptation: The mediation process itself might be slightly adapted to account for the time needed for interpretation, ensuring that the pace is manageable and does not rush participants.

Core Components of Multilingual Mediation

Mediator Qualifications and Language Proficiency

The effectiveness of multilingual mediation hinges significantly on the mediator’s ability to connect with all parties involved. This means not only understanding the legal or dispute resolution framework but also possessing the linguistic skills to facilitate communication. A mediator in a multilingual setting often needs to be fluent in at least two languages, or work seamlessly with professional interpreters. This isn’t just about speaking the words; it’s about grasping the nuances, cultural context, and emotional undertones that can get lost in translation. Mediator qualifications in this context extend beyond standard mediation training to include demonstrable language proficiency and cultural awareness. This ensures that all parties feel heard and understood, which is pretty vital for reaching a good outcome.

Interpreter Services and Best Practices

When mediators aren’t fluent in all the languages spoken by the parties, professional interpreters become indispensable. It’s not like just grabbing a friend who knows a bit of Spanish; you need someone trained in legal or mediation interpreting. These professionals understand the importance of accuracy, impartiality, and confidentiality. They don’t just translate words; they convey meaning and tone. Best practices include:

  • Briefing interpreters beforehand on the case and the mediation process.
  • Ensuring interpreters are neutral and do not offer advice.
  • Allowing interpreters adequate time to interpret accurately, which can slow down the pace of the session.
  • Checking in with parties to confirm they understand the interpreted messages.

Ensuring Accuracy and Neutrality

Maintaining accuracy and neutrality is a big deal in any mediation, but it gets even more complicated when different languages are involved. The mediator has to be super careful that the message being sent is the same one being received, no matter the language. This involves:

  • Using clear, simple language.
  • Confirming understanding frequently.
  • Working closely with interpreters to ensure they are conveying not just words, but intent and emotion.

The goal is to create a level playing field where language barriers don’t give one party an unfair advantage or leave another feeling marginalized. It’s about making sure everyone has an equal chance to participate fully and make informed decisions about their dispute.

This careful attention to language and interpretation helps build trust and allows the mediation process to function as intended, even across linguistic divides.

Applications of Multilingual Mediation

When people from different language backgrounds have a disagreement, things can get complicated fast. That’s where multilingual mediation comes in. It’s not just about having someone who speaks another language; it’s about making sure everyone involved can truly understand each other and be understood. This is super important in a few key areas.

International Business Disputes

When companies or individuals from different countries have a falling out, language can be a huge hurdle. Think about a contract dispute between a US company and a German supplier. They might have different ways of doing business, different legal understandings, and, of course, different languages. Multilingual mediation helps bridge that gap. A mediator who understands both English and German, and maybe even the business culture of both countries, can help.

  • Contracts and agreements: Ensuring all terms are clear to all parties.
  • Partnership disagreements: Resolving issues between international partners.
  • Intellectual property issues: Protecting patents or trademarks across borders.
  • Supply chain conflicts: Sorting out problems with international suppliers or distributors.

Without proper language support, misunderstandings can lead to costly mistakes or even legal battles. Multilingual mediation aims to prevent these issues by facilitating clear communication from the start.

In international business, trust is built on clear communication. When language barriers are removed, parties can focus on finding practical solutions that work for everyone involved, rather than getting bogged down in translation errors or cultural misinterpretations.

Cross-Cultural Family Matters

Family issues can be emotionally charged, and when culture and language are added to the mix, it gets even more complex. This could involve international divorce, custody arrangements for children with parents in different countries, or inheritance disputes involving family members spread across the globe.

  • Divorce and separation: Dividing assets and arranging child custody when parents speak different languages.
  • Inheritance disputes: Resolving disagreements over wills or estates with international family members.
  • Elder care decisions: Making arrangements for aging parents when family members live in different countries.

It’s vital that all family members feel heard and respected, regardless of their primary language. A mediator skilled in both the languages and cultural norms involved can help navigate these sensitive situations more effectively.

Immigration and Refugee Cases

Individuals seeking asylum or navigating immigration processes often face significant language barriers. Disputes can arise concerning their status, rights, or interactions with authorities. Multilingual mediation can provide a more accessible and less adversarial way to address these issues.

  • Disputes with immigration services: Resolving issues related to applications or documentation.
  • Community integration conflicts: Helping refugees and immigrants resolve disputes with neighbors or local service providers.
  • Family reunification issues: Mediating disagreements related to bringing family members to a new country.

Providing mediation services in languages understood by immigrants and refugees can significantly improve their access to justice and help them integrate more smoothly into new communities.

Navigating Cultural Nuances in Mediation

When people from different backgrounds try to sort out a disagreement, things can get tricky. It’s not just about the words they use, but also how they say them, what they expect, and what they think is important. This is where understanding cultural differences really matters in mediation.

Cultural Competence for Mediators

A mediator needs to be aware that people see the world differently based on where they come from. This means being sensitive to different ways of communicating, different ideas about respect, and different approaches to solving problems. It’s about more than just knowing a few facts about another culture; it’s about being open and adaptable.

  • Recognizing communication styles: Some cultures are very direct, while others are more indirect. Some value silence, while others fill it. A mediator has to pick up on these cues.
  • Understanding values and norms: What’s considered polite or important can vary a lot. For example, the importance of family, community, or individual achievement can shape how people approach a dispute.
  • Avoiding assumptions: It’s easy to assume someone is acting a certain way because of their personality, when it might actually be rooted in their cultural background.

Addressing Diverse Communication Styles

Communication is at the heart of mediation. When cultures clash, so do communication styles. A mediator’s job is to bridge these gaps.

  • Active Listening: This is key. It means really paying attention not just to what is said, but how it’s said, and what might be left unsaid.
  • Clarifying Meaning: If something is unclear, the mediator should ask questions to make sure everyone understands. This isn’t about questioning someone’s honesty, but about making sure the message got across correctly.
  • Patience: Different cultures have different paces for discussion. Some might need more time to process information or build trust before speaking openly.

Respecting Varied Values and Norms

Disputes often touch on deeply held values. A mediator must acknowledge and respect these differences without taking sides.

What one person sees as a simple disagreement over property, another might see as a matter of honor or family legacy. Acknowledging these deeper layers can help parties feel heard and respected, even if they don’t agree on the solution.

  • Family vs. Individual Focus: In some cultures, decisions are made with the whole family in mind, while in others, individual autonomy is paramount. The mediator needs to be aware of who has the authority to make decisions.
  • Concepts of Time: Punctuality and deadlines can be viewed differently. Some cultures are very time-sensitive, while others have a more flexible approach.
  • Hierarchy and Authority: How people interact with authority figures can differ. A mediator needs to be mindful of power dynamics that might be influenced by cultural views on respect for elders or superiors.

Challenges in Multilingual Mediation

Working through disagreements when people speak different languages can get tricky. It’s not just about translating words; it’s about making sure everyone truly understands each other and feels heard. This can bring up a few hurdles that mediators need to be ready for.

Overcoming Language Barriers Effectively

The most obvious challenge is the language difference itself. Even with skilled interpreters, there’s always a risk of misunderstanding. Nuances, cultural idioms, and even tone can get lost in translation. This can slow things down and sometimes lead to frustration.

  • Accuracy is Key: Mediators must rely on professional interpreters who not only speak the language but also understand mediation terms and ethics. A casual translator might not grasp the importance of neutrality or confidentiality.
  • Patience is a Virtue: The process naturally takes longer when interpretation is involved. Parties and mediators need to be patient and allow ample time for each person to speak and be understood.
  • Checking for Understanding: Mediators often use techniques like asking parties to rephrase what they heard or asking clarifying questions to make sure the message got across correctly. It’s about confirming comprehension, not just translation.

Sometimes, even with the best interpreters, subtle meanings can be missed. It’s a constant effort to bridge that gap and ensure everyone is on the same page.

Managing Complex Negotiation Dynamics

When multiple languages are involved, the usual complexities of negotiation can become even more tangled. Different communication styles, cultural expectations around directness or indirectness, and varying approaches to problem-solving can all add layers of difficulty.

  • Cultural Communication Styles: Some cultures prefer direct communication, while others are more indirect. This can lead to misinterpretations of intent or commitment.
  • Pace of Negotiation: The speed at which discussions move can differ significantly based on cultural norms and the need for interpretation.
  • Building Rapport: Establishing trust and rapport, which is vital in mediation, can be harder when communication channels are less direct.

Addressing Potential Power Imbalances

Power imbalances are a common issue in mediation, but they can be amplified in a multilingual setting. A party who is more fluent in the dominant language of the mediation, or who has better access to interpretation resources, might inadvertently hold an advantage.

  • Language Proficiency: One party might be more comfortable expressing themselves in the shared language, while the other relies heavily on an interpreter, potentially limiting their ability to fully articulate their needs or concerns.
  • Access to Information: Differences in language proficiency can affect how easily parties can access and understand legal documents or information relevant to the dispute.
  • Mediator Awareness: Mediators must be keenly aware of these potential imbalances and actively work to ensure all parties have an equal opportunity to participate and be heard, regardless of their language skills.

The Process of Multilingual Mediation

Multilingual mediation follows a structured path, much like standard mediation, but with added layers to account for language differences. It’s not just about translating words; it’s about making sure everyone understands and is understood accurately and fairly.

Initial Consultation and Assessment

This is where it all starts. Before any mediation sessions begin, there’s usually a chat to see if mediation is the right fit for the dispute and the people involved. In a multilingual setting, this step is extra important. The mediator needs to figure out what languages will be used, how many interpreters will be needed, and if those interpreters have the right skills for the specific topic. They’ll also check if the parties understand the mediation process itself, especially how language will be handled.

  • Assessing language needs and availability.
  • Explaining the mediation process in accessible terms.
  • Identifying potential communication challenges related to language and culture.

This initial phase sets the stage for everything that follows. Getting the language aspect right from the beginning prevents misunderstandings down the line and builds trust.

Facilitating Communication Across Languages

This is the core of the mediation sessions. The mediator guides the conversation, but the real work involves ensuring smooth communication between parties who speak different languages. This usually means working with professional interpreters.

Here’s a typical breakdown of how it works:

  1. Mediator speaks: The mediator addresses the parties, often speaking clearly and at a moderate pace.
  2. Interpreter translates: The interpreter conveys the mediator’s message to the party who speaks the other language.
  3. Party responds: The party communicates their thoughts or responses.
  4. Interpreter translates back: The interpreter relays the party’s response to the mediator and the other party.

Mediators are trained to pause frequently, speak in shorter segments, and check for understanding. They also rely heavily on the interpreters to be accurate and neutral, relaying not just the words but also the tone and intent where possible. Sometimes, a mediator might use a technique called ‘shuttle diplomacy,’ where they meet with each party separately in private sessions (caucuses) to discuss sensitive issues, with the interpreter facilitating communication in each caucus.

Drafting Agreements in Multiple Languages

If the parties reach a settlement, the agreement needs to be put into writing. In multilingual mediation, this means the final document should ideally be available in all languages spoken by the parties. This isn’t just a courtesy; it’s vital for clarity and enforceability.

  • Ensuring all parties understand the final terms.
  • Creating legally sound documents in each relevant language.
  • Confirming that parties agree to the translated versions.

Often, one version might be considered the primary legal document, with others serving as accurate translations. It’s important that the translation process is handled carefully to avoid any misinterpretations that could lead to future disputes. The goal is a clear, agreed-upon resolution that everyone can confidently sign.

Choosing the Right Multilingual Mediator

Finding the right multilingual mediator is a big step in resolving disputes when language is a barrier. It’s not just about finding someone who speaks the languages involved; it’s about finding a professional who can truly bridge cultural and communication gaps. Think of it like picking a guide for a complex journey – you want someone experienced, trustworthy, and equipped for the specific terrain.

Assessing Mediator Experience and Specialization

When you’re looking for a mediator, their background really matters. Have they handled cases similar to yours before? For instance, if you’re dealing with an international business contract issue, a mediator with experience in commercial disputes and cross-border transactions will likely be more effective than someone who primarily handles family matters. Specialization means they understand the specific jargon, the typical issues, and the cultural context that might come up. It’s about finding someone who doesn’t just speak the language but understands the world behind the language.

Verifying Language Fluency and Certification

This might seem obvious, but it’s worth double-checking. How fluent is the mediator, really? Are they a native speaker, or have they achieved a high level of proficiency? Sometimes, a mediator might be bilingual but not fully comfortable mediating complex discussions in both languages. Look for certifications or credentials that indicate formal training in mediation. While not always mandatory, these can show a commitment to the profession and a grasp of ethical standards. For interpreters, ensure they are professional and neutral, not just a friend or family member who happens to speak the language. Professional interpreters are trained to maintain impartiality and accuracy.

Considering Cultural Background and Sensitivity

This is where things get really interesting, and honestly, pretty important. Different cultures have different ways of communicating, showing respect, and even understanding conflict itself. A mediator who is culturally competent can pick up on subtle cues, understand varying communication styles, and avoid misunderstandings that might arise from cultural differences. They can help parties from different backgrounds feel heard and respected. It’s not about knowing every single custom, but about having an awareness and a willingness to learn and adapt. This sensitivity can make a huge difference in whether parties feel comfortable and able to engage openly in the mediation process.

The mediator’s ability to navigate not just the language but also the underlying cultural norms and expectations is key to successful multilingual mediation. Without this, even perfect linguistic translation might not bridge the gap between parties.

Here’s a quick rundown of what to look for:

  • Relevant Experience: Has the mediator worked with similar types of disputes or in related industries?
  • Language Proficiency: Beyond basic fluency, can they facilitate complex discussions effectively in all necessary languages?
  • Credentials: Are they certified or accredited by recognized mediation bodies?
  • Cultural Awareness: Do they demonstrate an understanding of and respect for diverse cultural backgrounds?
  • Communication Style: Does their approach seem like a good fit for the parties involved?

Choosing a mediator is a personal decision, but by focusing on these areas, you can increase the chances of finding someone who can help you reach a positive resolution.

Technology’s Impact on Multilingual Mediation

Technology has really changed how multilingual mediation works, making it more accessible and efficient than ever before. We’re seeing a big shift towards using digital tools to bridge language gaps and connect people across distances.

Virtual Mediation Platforms for Global Reach

Online platforms are a game-changer. They let people participate in mediation from pretty much anywhere in the world. This is super helpful for international business disputes or family matters where people live in different countries. It cuts down on travel costs and time, making mediation a more practical option for more people.

  • Increased Accessibility: Parties don’t need to be in the same physical location.
  • Geographic Flexibility: Connects individuals and businesses globally.
  • Reduced Costs: Eliminates travel and accommodation expenses.

Utilizing Translation Tools in Mediation

While professional interpreters are still the gold standard, technology offers some interesting tools. Real-time translation software and AI-powered translation can help in certain situations, especially for understanding the gist of a document or a quick conversation. However, it’s important to be careful. These tools aren’t always perfect and can sometimes miss nuances or cultural context, which is really important in mediation. Accuracy and cultural understanding remain paramount, even with technological aids.

Ensuring Accessibility Through Online Services

Beyond just language, technology helps make mediation accessible in other ways too. Online services can offer features like adjustable text sizes, screen reader compatibility, and flexible scheduling options. This means that people with different needs or who face various barriers can still participate effectively in the mediation process. It’s all about making sure everyone has a fair chance to resolve their disputes.

The integration of technology in multilingual mediation is not just about convenience; it’s about democratizing access to justice. By breaking down geographical and linguistic barriers, these tools help create a more inclusive and equitable dispute resolution landscape for a globalized world.

Ethical Considerations in Multilingual Mediation

When mediation happens across different languages, a few extra things pop up that we need to think about. It’s not just about translating words; it’s about making sure everyone feels heard and treated fairly, no matter what language they speak.

Maintaining Neutrality and Impartiality

The mediator’s job is to stay neutral, and that gets a bit trickier when language is involved. They can’t take sides, and they have to make sure the interpreters aren’t influencing the conversation either. It’s about making sure the process itself is fair for everyone.

  • Mediator’s Role: The mediator must remain unbiased throughout the entire process.
  • Interpreter’s Role: Interpreters are conduits for language, not participants in the dispute.
  • Language Choice: Ensuring that the language used doesn’t inadvertently favor one party.

Upholding Confidentiality Across Languages

Confidentiality is a big deal in mediation. Everything said in the room is supposed to stay there. When interpreters are involved, we need to be sure they also understand and respect this. It means making sure that sensitive information doesn’t accidentally get out because of language barriers or misunderstandings about privacy.

The commitment to confidentiality must extend to all individuals involved in the mediation process, including interpreters and any other support staff. Clear agreements on privacy are essential.

Ensuring Informed Consent and Self-Determination

People need to understand what they’re agreeing to. In multilingual mediation, this means making sure that the information about the process, their rights, and the fact that they can leave anytime is clearly understood in their own language. Self-determination, the idea that parties get to decide the outcome for themselves, is key. If someone doesn’t fully grasp what’s happening because of language issues, they can’t truly make informed choices.

  • Clarity of Process: Explaining mediation steps and rules in understandable terms.
  • Understanding Rights: Ensuring parties know they can agree or disagree and can stop the process.
  • Voluntary Participation: Confirming that agreement to participate is freely given and understood.

Benefits for Diverse Communities

Multilingual mediation services really open doors for a lot of people who might otherwise struggle to get their issues sorted out. When you can talk about your problems in your own language, it just makes everything feel more accessible and fair. It’s not just about understanding the words; it’s about feeling understood as a person.

Enhancing Access to Justice

For many communities, especially those with limited English proficiency, the legal system can feel like a foreign country. Multilingual mediation cuts through that confusion. It means that someone facing a dispute, whether it’s a landlord-tenant issue, a family disagreement, or a workplace problem, can participate fully in the resolution process without being held back by language barriers. This leads to more equitable outcomes because everyone gets a fair shot at explaining their side and understanding the options.

  • Reduced barriers to participation: Individuals can express themselves clearly and understand proceedings without relying on potentially costly or less-than-ideal interpretation services during initial stages.
  • Increased trust in the process: When parties feel heard and understood in their native tongue, they are more likely to trust the mediation process and the mediator.
  • Fairer outcomes: A better understanding of all perspectives leads to resolutions that are more likely to be just and sustainable for everyone involved.

Promoting Understanding and Reconciliation

Conflict often stems from misunderstandings, and language differences can amplify these. Multilingual mediation helps bridge these gaps by allowing for nuanced communication. When parties can articulate their feelings and needs in their own words, and have those feelings acknowledged, it paves the way for genuine reconciliation. It’s about more than just settling a dispute; it’s about rebuilding connections and fostering a sense of community.

The ability to communicate complex emotions and needs in one’s primary language is fundamental to feeling truly heard and respected. This is especially true in mediation, where vulnerability and open dialogue are key to finding common ground.

Supporting Global Commerce and Relations

In today’s interconnected world, businesses and individuals interact across borders constantly. Multilingual mediation is vital for resolving international commercial disputes, cross-cultural family matters, and other cross-border issues. It ensures that business deals can proceed smoothly, international partnerships remain strong, and individuals navigating complex immigration or refugee situations receive the support they need. This service helps maintain positive relationships and facilitates smoother operations on a global scale.

Area of Impact Key Benefit
International Business Smoother contract negotiations and dispute resolution
Cross-Cultural Families Preservation of family ties and clear agreements
Immigration/Refugee Access to essential services and legal clarity

Wrapping Up

So, we’ve looked at a bunch of different ways mediation can help sort things out. Whether it’s a big business deal gone sour, a family disagreement, or even something happening across borders, there’s likely a type of mediation that fits. It’s not just about talking; it’s about having a neutral person guide that talk, making sure everyone gets heard, and finding a way forward that works for everyone involved. Thinking about what you need – like language help or dealing with tricky power differences – is key to picking the right service. It really shows how flexible and useful mediation can be for all sorts of problems.

Frequently Asked Questions

What exactly are multilingual mediation services?

Multilingual mediation is like having a helper who speaks different languages to solve disagreements. It’s a way for people who don’t speak the same language to talk through their problems with a neutral person guiding them. This helper makes sure everyone understands each other, using interpreters if needed, so they can find a solution together.

Why is having a mediator who speaks my language important?

When you’re trying to sort out a problem, it’s much easier to explain your feelings and what you need when you can speak your own language. A mediator who speaks your language helps you feel more comfortable and understood. It’s like talking to a friend who truly gets you, making it simpler to share your side of the story without confusion.

How do multilingual mediators make sure everyone understands?

They use a few tricks! Sometimes the mediator speaks both languages. Other times, they bring in professional interpreters who are trained to translate accurately. The main goal is to make sure that what one person says is clearly understood by the other, with all the important details and feelings intact.

Can multilingual mediation help with business problems between countries?

Absolutely! When companies from different countries have a disagreement, they often speak different languages. Multilingual mediation helps bridge that gap. It allows business people to discuss contracts, deals, or any other issues clearly, making it easier to reach agreements that work for everyone involved, no matter where they’re from.

What if my family has a dispute and we speak different languages?

Family issues can be tough, and adding language barriers makes it even harder. Multilingual mediation can help families sort out things like disagreements over care for older relatives or other family matters. Having a mediator who understands different languages and cultures makes the conversation smoother and more respectful.

Are there special skills needed for a multilingual mediator?

Yes, definitely! Besides knowing the languages, a good multilingual mediator needs to understand different cultural backgrounds. They have to be aware that people from different places might communicate or see things in unique ways. This cultural know-how helps them guide the conversation fairly and effectively for everyone.

What happens if the agreement is written in different languages?

When a solution is found, it’s important that everyone can read and understand the final agreement. Multilingual mediation services will make sure the agreement is written clearly in all the languages spoken by the parties. This way, everyone knows exactly what they’ve agreed to, preventing future confusion.

How is multilingual mediation different from just using an interpreter?

Using an interpreter is just one part of multilingual mediation. While an interpreter helps translate words, a multilingual mediator does more. They are trained to guide the whole conversation, understand cultural differences, and help parties find common ground. They actively manage the process to ensure fair communication and a good outcome for everyone involved.

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