IFES Practitioner Brief on Alternative Dispute Resolution in Elections Introduction Misunderstandings, tensions, and disputes among candidates, political parties, and their supporters can arise not only on Election Day and when results are announced, but also during the pre-election period. 1 One candidate may allege an opposing candidate violated the campaign rules, or a party member may allege intimidation of a group of voters by another party. As elections are a fundamentally competitive process, disputes are to be expected. However, if they are not properly addressed, political tensions can escalate. Some disputes may have roots in longstanding societal conflicts and divisions that pre-date—but manifest during—the electoral process. Sometimes election violations such as destruction of campaign materials, disturbance at political rallies, on- and offline hate speech, and abuse of state resources by incumbent candidates can remain unaddressed until well after the elections are over (if they are addressed at all). Delays in sanctioning violations or adjudicating legitimate grievances can be due to the constraints of the electoral timetable, limited resources for law enforcement and the judiciary, or the inadequate jurisdiction or power of the conventional election dispute resolution (EDR) bodies. While conventional—or formal—adjudication mechanisms are vital to upholding the rule of law and protecting fundamental rights, alternative dispute resolution (ADR) processes, such as mediation and conciliation, may be useful to ensure disputes do not escalate into conflict before or on Election Day. In particular, ADR can be useful in fragile and post-conflict states; in new democracies where election disputes must be resolved quickly to avoid violence; or where “the legacy of decades of tyranny, dictatorship, absence of the rule of law, abuse of human rights, and war can lead to a fundamental mistrust of the legal system by citizens.” 2 If used appropriately, ADR provides several advantages over conventional EDR mechanisms, including by resolving disputes more quickly and at a lower cost than the court system. ADR can engender more local access to justice, As well as alleged campaign violations, candidate nomination often give rise to fierce disputes, including intra-party disputes. For example: Phungula, W. (2021, November 15). ANC member who disputed the party’s candidate in Harding’s ward one silenced by gun. IOL. https://www.iol.co.za/dailynews/news/kwazulu-natal/anc-member-who-disputed-the-partys-candidate-in-hardings-ward-one-silencedby-gun-ca4fb280-42b5-4b0b-85f0-24a8e2561a13; Yang, M. (2022, January 11). Voters move to block Trump ally Madison Cawthorn from re-election. The Guardian. https://www.theguardian.com/us-news/2022/jan/11/madison-cawthorn-trump-republican-north-carolinavoters 2 Kovick, D. & Young, J.H. (2011) Alternative dispute resolution mechanisms. In C. Vickery (Ed.), Guidelines for understanding, adjudicating, and resolving disputes in elections (GUARDE) (p. 257). IFES. 1 7