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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.

STYLES OF MEDIATION

Mediation can proceed in one format, or sometimes a combination of formats, but you do not have to select one of them to use MAP. Rather, based upon the nature of the issues and the parties involved, it is likely that your mediation will naturally follow the style best suited to the situation, guided by the experience gained by the mediator in similar situations. Remember, mediation is an alternative to the adjudication process and, therefore, it is intentionally more flexible to suit the needs of the parties.

Generally, however, there are four major styles of mediation.

1.  Facilitative Mediation

The Facilitative style is the most utilized style today. It is characterized by providing a framework within which to work with parties toward a mutually acceptable agreement to end a conflict. This style is generally an approach characterized by the identification of the needs of the disputants, and then utilization of interactive discussion and caucuses to find a position acceptable to both sides in the conflict. There are typically six steps to the process of facilitative mediation, and they are as follows:

  1) Open the Session/Introduction
  2) Gather Information
  3) Focus on Common Ground
  4) Create Options
  5) Discuss and Consider Options
  6) Write the Agreement/Close the Session

Of the four basic commonly used styles, the Facilitative is the most structured.

2.  Evaluative Mediation

In the evaluative style, mediators use their skills to help disputants evaluate the positions they espouse in the mediation and to consider whether they are practical.  The evaluative style can be seen as somewhat directive, and the skillful evaluative mediator will be careful not to impose his or her opinion, but rather will be illustrative in helping the parties "reality test" their positions and then helping them decide what might be the prevailing position with regard to the facts and perceptions involved in the appeal.

In the use of this style, the mediator will often ask the parties to evaluate their probability of prevailing if the dispute were to go through the formal adjudication process.  This technique can be very useful and can help them come to grips with the likely potential results of their positions in adjudication before an Administrative Judge or the Board.  It may be particularly useful when the mediation presents primarily legal positions and arguments, a nd it is heavily influenced by attorney opinion during the mediation process.

3.  Transformative Mediation

The Transformative style is heavily focused on the interactions and the communications between the disputants.  Their body language and attitudes are central to transformative mediation.  Pointing out the manner in which disputants interact, and in which they communicate or often fail to communicate, is the cornerstone of this style.

This style of mediation has become highly popularized through the U.S. Postal Service mediation method, known as REDRESS.   The effectiveness of this method, perhaps more than the hers, is the subject of widely varying and strongly held positions, both by Mediators and the parties to mediations that use it.

4.  Narrative Mediation

Finally, the narrative style of mediation is based on the premise that the position each party brings to the mediation is a product of their life’s discourses.  The narrative style tries to use conversation and discussion to get the disputants to disclose, often unwittingly, the true nature and their perception of the conflict.  It is done through "story telling"which, in effect, allows them to express how and why they feel the way they do.

The mediator then uses the different stories as a basis for further discussion of the conflict.  The goal is to create an "alternative story" that can be substituted for the conflict and result in not only a mutually acceptable agreement, but also in enhanced communication going forward.  The technique seems to be especially useful when there is going to be an ongoing relationship between the disputants after the mediation has concluded.

There is no one right style for all mediations and all parties.  All methods have their proponents and detractors.  Although mediators certified by the MSPB remain flexible and open to the parties’ needs and suggestions, they will put their experience to work to guide the parties toward a style or combination of styles that they believe is best suited to the particular circumstances of each individual mediation.