U.S. MERIT SYSTEMS PROTECTION BOARD 

Office of Regional Operations

1615 M Street, NW 

Washington, DC 20419 

E-Mail: regionaloperations@mspb.gov

Mediation Appeals Program 

Agreement to Mediate 

Case Name: v. 

MSPB Docket No.: 

The undersigned agree to engage in mediation in an effort to resolve issues raised before 

the U.S. Merit Systems Protection Board (MSPB). 

1. Voluntariness: The parties voluntarily agree to mediate. The parties understand that

mediation may be terminated at any time by either party or by the mediator.

2. Timeliness: The parties recognize mediation is intended to be an expeditious process

which should normally be completed within 60 days of signing this Agreement to Mediate.

The parties and participants, including settlement authorities, agree to make themselves

available to mediate the case and conclude the process and any settlement agreement

without delay. The mediator may cancel or terminate any mediation that cannot be

scheduled or completed in a timely manner. Although MSPB cannot guarantee the

mediation will occur as the parties request, to facilitate this process, the parties provide the

following information:

Dates within the next 30 days when available for the mediation:

Appellant: 

Agency: 

Preferred method(s) for mediation:

In Person 

Video/Web Conferencing 

Telephonic 

3. Neutrality of MSPB Mediators: The parties understand that the mediator has no

authority to decide the case and is not acting as an advocate or attorney for any party.

4. Role of Mediator as Facilitator: The parties understand that the mediator acts as a

facilitator to help the parties reach their own settlement on mutually acceptable terms. The

mediator will not make decisions about “right” or “wrong” or tell the parties what to do.

5. Right to Representation: The parties understand that they have a right to have a

representative assist them during the mediation process.
 

 

6. Agreement Not to Subpoena and Nondisclosure: The participants, including nonparties, 

agree not to subpoena the mediator, any observer, or any documents prepared by or 

submitted to the mediator. The mediator will not voluntarily testify on behalf of any 

participant, disclose communications of the participants, or submit any type of report in 

connection with the merits of this mediation. The mediator’s non-disclosure will not extend 

to violations of the law for which confidentiality cannot be assured. 

7. Confidentiality during Mediation Session: It is understood that for mediation to work, 

open and honest communications are essential. Accordingly, the participants, including 

nonparties, agree to keep all written and oral communications, negotiations, and statements 

made during mediation confidential. The participants will not voluntarily testify or disclose 

communications made by the participants during the joint sessions of the mediation. The 

participants’ nondisclosure will not extend to violations of the law for which confidentiality 

cannot be assured. 

8. Legal Obligations, Settlement Agreement and Enforcement of Terms: No party shall 

be bound by anything said or done at the mediation unless a settlement is reached and 

executed by all necessary parties. The parties fully understand, acknowledge, and agree 

that if a fully executed settlement agreement is reached because of this mediation, they may 

request MSPB enter the settlement agreement into the record for purposes of future 

enforcement. MSPB’s requirements for entry of a settlement into the record must be met 

before the agreement can be accepted. 

9. No Recording Mediation Sessions: The participants agree mediation sessions will not be 

recorded, and no transcripts will be produced of mediation sessions. 

10. Acknowledgment, Understanding, and Agreement: By signature below, we 

acknowledge we have read, understand, and agree to the terms of this Agreement. 

Appellant: Date: 

Appellant’s Representative: Date: 

Other Appellant Participant: Date: 

Agency Representative: Date: 

Agency Settlement Authority: Date: 

Other Agency Participant: Date: