Skip to content
Solved
SearchBrowse
Sign in

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. Alternative Dispute Resolution (ADR) is not suitable for every dispute

ADRG02800 | Alternative Dispute Resolution (ADR) is not suitable for every dispute

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

Mediation will only be used in cases where there is a potential benefit right at the start. It should not be used if there is no realistic prospect of any progress and further discussion will just delay matters.

If the customer doesn’t want mediation, then it will not happen.

In some cases, HMRC may want to get a “test case” before the Tribunal to get a ruling on a disputed issue that is occurring in several other similar cases, so mediation may not be available, depending on the particular circumstances.

Mediation may not be useful where there is significant doubt about the veracity or strength of the evidence provided and HMRC wish to test it by cross-examination at Tribunal.

PreviousNext
PrivacyTerms