Mediation Appeals Program (MAP)

• Agreement to Mediate Form

What is Mediation?

Mediation is a non-adversarial dispute resolution process in which the parties seek to arrive at a mutually satisfactory resolution using the skills of a third-party neutral - a trained and certified mediator. Mediators facilitate a discussion between the parties to help them identify issues and barriers to agreement that will aid in resolving their disputes and settling the appeal quickly, economically, and to the benefit of all concerned.

MSPB’s Office of Regional Operations manages the agency’s Mediation Appeals Program (MAP), which offers an alternative to the formal appeal processes and procedures. MAP is free, easy, and confidential. Before the MSPB will accept a case into MAP, all parties must agree to use mediation in good faith and should sign MSPB’s Agreement to Mediate Form. During the mediation process, the parties control the result of the case under the skilled guidance of a trained mediator, who will play no role in deciding the appeal. The parties must agree on the resolution of the appeal before concluding any settlement.

MAP is a popular and successful program. At the initial appeal stage, in up to 10% of cases the parties voluntarily choose to use MAP, and about 50% of all cases mediated through MAP settle at the conclusion of the MAP process. Further, a portion of cases that use MAP but do not initially settle at the conclusion of the MAP process will later settle after returning to the traditional adjudication track.

For appeals pending in any of MSPB’s Regional or Field Offices:
Parties should contact the Administrative Judge assigned to their case. As explained above, all parties must agree to the mediation process and sign MSPB’s Agreement to Mediate Form, which they should submit to MSPB as a pleading. See 5 C.F.R. § 1201.26. Following submission of the signed Agreement to Mediate form, the Administrative Judge will typically suspend processing of the appeal while the parties engage in the mediation process. The assigned mediator will contact the parties to begin the mediation process. Mediations may take place in-person, virtually, and/or via phone depending on the parties’ preferences and the availability of the mediator.

The assigned mediator will document the conclusion of the mediation process with a Termination of Mediation notice that becomes part of the case record. The case then returns to the assigned Administrative Judge who will either review any settlement reached by the parties or continue with the adjudication of the appeal.

For appeals pending before the Board on petition for review (PFR):
Parties to appeals pending on PFR must submit their signed Agreement to Mediate form to the MAP Coordinator by email to: regionaloperations@MSPB.gov.  After the MAP Coordinator reviews the agreement for completeness, the appeal will be accepted into PFR MAP, and the assigned mediator will contact the parties to begin the mediation process. Parties should send questions about the status of their request to mediate to regionaloperations@MSPB.gov.

Unlike appeals at the initial appeal stage that are accepted into MAP, appeals at the PFR stage do not enter a “suspended” status. Therefore, if parties have filing deadlines (e.g., response to petition for review, reply to a response) that fall while a case is in mediation, they must file their pleading in a timely manner or request an extension of time. See 5 C.F.R. § 1201.114. The Board will not issue a decision on a petition for review while the case is assigned to PFR MAP.

The assigned mediator will document the conclusion of the mediation process with a Termination of Mediation notice that is added to the case record. The case is then returned to the full Board. If the parties have entered into a settlement agreement, the Board will issue a decision consistent with the outcome of the mediation, i.e., reviewing a settlement agreement reached by the parties or reviewing the petition for review pursuant to 5 C.F.R § 1201.115.

Before the MSPB will mediate a case, all parties must enter into a formal MSPB Agreement to Mediate, which sets out their rights, obligations, and understandings concerning MAP. The parties’ formal agreement to mediate, along with the information that the mediator will provide to them, will assure that all parties are aware of the rules and bounds of the process.

If you represent an agency or organization that might benefit from a group presentation on MAP, you may contact the MAP Coordinator at regionaloperations@MSPB.gov to discuss scheduling a session where we can provide further information and answer your specific questions.

• Mediation or Adjudication – What's the Difference?
• Styles of Mediation
• What the Parties Say about Mediation
• Now Its Up to You