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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. The mediator is impartial and neutral

ADRG01500 | The mediator is impartial and neutral

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

The mediator is an HMRC officer who has been professionally trained for the mediator role and is specifically tasked with acting as an impartial and neutral facilitator between the two sides in the dispute. The mediator’s central focus is on getting the dispute resolved, in a way that is acceptable to both sides. The mediator will not introduce their personal views into the discussions.

The mediator’s role is to listen to and understand both sides of the dispute, facilitate discussion about the contentious issues, and then help broker an agreement that both sides can accept.

What mediation is particularly good at is helping each side understand and appreciate the position held by the other. Mediation can help the customer side understand and consider HMRC’s position. It can also help the customer communicate to HMRC what is important to them and what needs in turn to be understood and acknowledged by HMRC.

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