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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. What happens during a typical day of mediation

ADRG02200 | What happens during a typical day of mediation

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

In most cases the most efficient and effective way to resolve the dispute is by holding a mediation day. This is where the mediator brings the HMRC case team and the customer side together for a series of joint and private discussions over the course of a day.

It is important that the decision makers on both sides are at the meeting to make sure that it is possible to work towards an agreement on the day. In the majority of cases this means that the customer as well as any professional representatives will need to attend the mediation meeting, and only in exceptional cases would a mediation meeting be held without the customer being present.

On the HMRC side this means that the HMRC caseworker and their manager will usually attend, and in some cases the HMRC technical or policy specialists may also need to be present. The mediator will already have had separate talks with HMRC and with the customer side (usually by phone or video call) to get a better understanding of the dispute.

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