IFES Practitioner Brief on Alternative Dispute Resolution in Elections
ADR increases local access to justice because it can complement or bypass court systems that may be slow,
costly, or corrupt. It also decentralizes the process, allowing for resolution of disputes at the grassroots level,
which strengthens local communities’ democratic engagement.
ADR can increase participation because it is a more approachable system for those who may be intimidated
by the courts or law enforcement. This can increase access to justice for minorities and traditionally excluded
populations, youth, women, or minorities.
These advantages mean that ADR can improve confidence in the electoral system and help to prevent or
resolve conflict and defuse political tension.
Disadvantages or Risks of Using ADR
Our study also highlighted potential risks with setting up ADR mechanisms in elections and demonstrated the
importance of conducting a feasibility study prior to establishing an ADR mechanism, as well as conducting thorough
lessons learned exercises after each election cycle.
Potential disadvantages and risks:
ADR’s accessibility and lack of procedural requirements can fail to filter out frivolous or spurious claims,
which can waste resources.
Decisions taken at the local level for nationwide problems can lead to inconsistency, which can undermine
the legitimacy of the ADR mechanisms.
ADR mechanisms lack the traditional power of courts to compel participation and may not have enforcement
authority around decisions.
Some ADR mechanisms, such as traditional justice systems, may not offer adequate guarantees to redress
social power imbalance and may harm justice. For example, in tribal communities with existing ADR
mechanisms, these bodies may be male-dominated and can reflect social norms that may enable
discrimination against specific groups of vulnerable people.
ADR can slow reform in the court system when programs siphon off resources to a process that cannot
create systemic change because it operates on a case-by-case basis.
The potential sluggishness and inefficiency of ADR mechanisms can raise due process concerns and, in the
absence of clear deadlines can also delay election operations.
ADR administrators may lack the training, impartiality, and professionalism required for courts or tribunals.
The increased use of ADR, coupled with insufficient training or predetermined rules, can lead to confusion of
mandates with the conventional EDR bodies, therefore damaging understanding of the system and limiting the ability
of stakeholders to seek a remedy or to trust in the institution. Moreover, the decision to establish an ADR mechanism
should not lead to over-delegation of responsibility by the EMB to non-election officials, including civil society or
traditional religious leaders who may not be bound by a commitment to neutrality and professionalism. The EMB
should remain the body responsible for the conduct of the election process and, as part of its mandate, should address
disputes and violations in the electoral process.
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