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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 parties in the dispute have ultimate control

ADRG01600 | The parties in the dispute have ultimate control

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

It is for the customer and the HMRC officers to reach an agreement that both sides can accept. The role of the mediator is to facilitate that process, not to impose a solution, or make direct suggestions, although the mediator will encourage both sides to think creatively and will help them consider all the possible options for settling the dispute.

Mediators are trained to help people understand the realities of their situation and help steer them towards areas where agreement is possible. Often it comes down to both sides properly identifying the relevant facts and focusing on them, clarifying the technical position together, at which point the way forward often becomes clearer.

At the end of the mediation the customer and the HMRC officers, not the mediator, decide together what can be agreed and what will remain in dispute.

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