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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. Disagreements about whether a case is suitable for ADR

ADRG03000 | Disagreements about whether a case is suitable for ADR

From HM Revenue & Customs · Alternative Dispute Resolution Guidance

There might be instances where there is uncertainty or a disagreement about whether a case is suitable for ADR. These include cases where requests have been made for ADR, for example:

  • Requests from customers for ADR where the recommended decision of the case team is that the case is not suitable for ADR

  • Requests from customers for ADR where some or all members of the HMRC case team believe the case is unsuitable, but other members of the case team believe the case may be suitable

  • Referrals from HMRC caseworkers for complex or sensitive cases where they would like to offer ADR to the customer

The ADR Panel, which consists of senior stakeholder across HMRC, will consider requests for ADR in all such circumstances where there is uncertainty about the suitability of a case for ADR. The ADR Panel will provide assurance that applications by customers in the most complex or potentially contentious cases for ADR are properly assessed and that decisions are consistent and principled. Decisions made by the ADR Panel will be notified to the customer by the relevant case team within 5 working days of the ADR Panel meeting.

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