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Contents

Official guidance
Alternative Dispute Resolution Guidance
  • ADRG01000 · Introduction
  • ADRG01100 · How does the process work in practice
  • ADRG01200 · The use of external mediators
  • ADRG01300 · Ground rules for Alternative Dispute Resolution
  • ADRG01400 · Alternative Dispute Resolution (ADR) is “a flexible process”
  • ADRG01500 · The mediator is impartial and neutral
  • ADRG01600 · The parties in the dispute have ultimate control
  • ADRG01700 · Opportunities for private discussions between the customer, their representatives and the HMRC mediator
  • ADRG01800 · Discussions are held “without prejudice”
  • ADRG01900 · Tax facts are not treated as confidential to the mediation
  • ADRG02000 · Record of documents exchanged during ADR
  • ADRG02100 · Note taking during mediation
  • ADRG02200 · What happens during a typical day of mediation
  • ADRG02300 · Exchange of opening statements before the day of mediation
  • ADRG02400 · Structure of a typical day of mediation
  • ADRG02500 · Concluding ADR: formal “Record of the outcome of the ADR meeting”
  • ADRG02600 · Negotiation and the HMRC Litigation and Settlement Strategy
  • ADRG02700 · What types of cases are suitable for Alternative Dispute Resolution
  • ADRG02800 · Alternative Dispute Resolution (ADR) is not suitable for every dispute
  • ADRG02900 · Types of disputes not suitable for ADR
  • ADRG03000 · Disagreements about whether a case is suitable for ADR
  • ADRG03100 · HMRC Governance during ADR
  • ADRG03200 · Conclusion
  • ADRG03300 · SUGGESTED TEMPLATE OF THE RECORD OF OUTCOME OF ADR MEETING
  1. Alternative Dispute Resolution Guidance
  2. Ground rules for Alternative Dispute Resolution

ADRG01300 | Ground rules for Alternative Dispute Resolution

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

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You should only apply for ADR if you’re prepared to commit to it.

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When you complete the application, you’ll be asked to agree to principles that commit you to taking part fully in the ADR process.

The principles you’ll be asked to commit to are that (all of the following):

  • you and your representative (if you have one) understand the mediator has responsibility for the

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    ADR

    process — you and

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    HMRC

    share the responsibility for deciding the tax outcomes

  • you and your representative must be available within 90 days of your application being accepted for

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    ADR

    for a mediation meeting — this may last a full day, and will take place by phone, video call, or in a face-to-face meeting

  • discussions around resolving the dispute are carried out on a ‘without prejudice’ basis — you can find out what we mean by this in the section ‘meaning of without prejudice’

  • before the mediation meeting, both parties must disclose in writing all the facts and evidence that are relevant to the dispute

  • if you discover new information before a meeting, you will provide this to the mediator and the caseworker as quickly as possible

  • if the mediator asks for more information, you will provide this within 15 days

  • all documents exchanged during the

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    ADR

    process are treated in the same way as information exchanged with us at any other time

  • if during the mediation it becomes clear that a relevant fact has not been disclosed, that information will be formally recorded

  • if you make a formal complaint about the process, the mediator will be asked to comment

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If the terms and conditions are broken at any time, we can remove your dispute from the ADR process.

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