IFES Practitioner Brief on Alternative Dispute Resolution in Elections
bar association, and, in some countries, certified mediators). Brochures, posters, animated videos, and
radio spots on mediation could be developed and disseminated close to an election.
30. Consider developing digital educational/training tools to address the need to quickly train EMB
members who may be appointed shortly prior to the election or for stakeholders to raise awareness on
mediation.
Implementation
31. Seek consent from parties to the dispute. It is important to make sure both parties to the dispute give
their informed consent to the ADR process and commit to its rules and outcomes, especially when
decisions are binding. The parties to the dispute should agree to mediation of the dispute. However, the
concept of choosing or agreeing on the mediators involved in the ADR body can be diluted in the context
of elections due to the fact that the members of the mediation body have already been selected by the
time the disputes arise.
32. Inform parties to the disputes of their right to file before a court or tribunal. Whether ADR succeeds
or not, mediators or conciliators should remind parties to the dispute that they can still file a case in court
if not satisfied with the process or the agreement reached.
33. When feasible, conclude agreements in writing. A written agreement can enhance compliance and
enforcement but, in some instances, it may be difficult due to lack of time.
34. Set up a standardized reporting and documentation system. Guidelines or rules on ADR could provide
a standardized form for the settlement of disputes to ensure consistent reporting and documentation of
the resolution for some types of election cases. It will enable the courts or the EMB to identify trends and
engage in preventing election disputes. When resources are available, the EMB or the court could design
an electronic case management system or e-reporting mechanism for these disputes.
35. Ensure transparency while also respecting confidentiality. Mediation often requires confidentiality to
foster frank and honest discussions. However, due to the high stakes and public nature of elections, in
some circumstances ADR processes could be open, giving the public the opportunity to attend the
meetings. This approach could build trust and raise awareness about ADR. If that degree of publicity is
not possible, the EMB should, at a minimum, release some information about the disputes (or a summary),
even if personal data is withheld. It is important to balance the need for confidential discussions between
the parties and the mediator with the need for the public and stakeholders to obtain some information
about the ADR processes.
36. Establish a gender equality policy to inform the work of the ADR body and use that policy to monitor
implementation.
37. Ensure meetings are accessible. The venues should be easily accessible for persons with disabilities.
38. To increase accessibility for women, locate the ADR body close to the community it seeks to serve, in
accessible locations (for those with limited mobility), and ensure it is open at times that fit with women’s
household and childcare responsibilities. Other features that might be important to women include allowing
them to bring children to “hearings” and/or providing dedicated childcare services and allowing
proceedings to be conducted in various local languages.
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