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Mediation Appeals Program (MAP)

The U.S. Merit Systems Protection Board (MSPB) offers the services of MSPB’s trained and certified mediators through its Mediation Appeals Program.

MEDIATION OR ADJUDICATION - WHAT'S THE DIFFERENCE?

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.


Mediation provides a quick, simple, and effective way to resolve many matters appealed to the MSPB, and the parties must be ready to use it without delay. In a proceeding before a court, the parties gather evidence and make formal presentations to an Administrative Judge who will decide the case if the parties do not settle it, while 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.

To give you a better idea of whether you may want to use MAP to try to resolve your case, here are some of the differences between the two processes.

MEDIATION ADJUDICATION
The parties retain control.
 The Judge retains control.
A neutral assists in defining issues, interests, and possible resolutions.
 The Judge assists in defining issues, but renders a decision.
The parties set the ground rules.
 Rules are generally pre-determined.
It is a confidential process.
 Hearings are open to the public.
The parties communicate directly with each other.
 Communications often are through representatives, directed to the Administrative Judge.
It focuses more on interests, emotions, goals, and relationships than on the law.
 The focus is determined by established law, rules, regulations, and procedures.
Meetings are informal, using the rules set by the parties.
 Hearings are more formal, and they follow set procedures.
The outcome is based on the needs and perceptions of the parties.
 The decision will be based on the evidence and law.
Resolution is by mutual agreement, to the advantage of both parties.
 In a decision, generally one party wins, and one party loses.
Resolution of complex issues can often be reached in hours or days.
 The issuance of a final decision on review necessarily takes months or more.
The parties determine the resolution.
 The Administrative Judge issues a decision based on the law and facts as determined by the Judge.
It is cost effective and low risk.
 Litigation can be expensive.