IFES Practitioner Brief on Alternative Dispute Resolution in Elections For Election Management Bodies: • Conduct a feasibility study and consult with stakeholders to carefully design an ADR mechanism that is suited for the relevant context, the legal tradition and culture, and the phase of the electoral process. • Well in advance of the election process, develop clear rules on the composition of ADR bodies, the mandate of such bodies, and the consistent procedures they will follow. • Conduct training for the members of ADR bodies and an informational campaign for key stakeholders who will be utilizing ADR mechanisms (party representative or candidates). Consider the use of digital tools to address the potential late selection of members of mediation bodies and limited time available for training prior to an election. • Conduct outreach or develop educational tools for stakeholders, including the media and voters, on the mandate, role, and procedures of ADR bodies, with a focus on clarifying the distinction between ADR and EDR as avenues of redress. • Encourage the participation of women, youth, and marginalized groups such as persons with disabilities; ethnic, religious, and linguistic minorities; and Indigenous Peoples when selecting members of the ADR bodies. • Engage with the judiciary, notably election judges, well before an election to inform them about existing ADR mechanism(s) that may be used prior to the filing of a dispute before the court. • Set up a reporting system for disputes handled by the ADR body to enhance consistency in the process and outcomes, and to facilitate transparency and increase public understanding. • Collect and analyze data on ADR cases and conduct lessons learned activities on the role of ADR after each electoral cycle to ensure it is being implemented effectively. Release data to the media and the public. • Consider a range of diverse identities including gender, Indigenous identity, ethnicity, and disability, to promote inclusive and equitable representation of members on ADR bodies and to ensure these bodies have a gender equality policy and gender-sensitive training, as well as broader inclusion and human rights training, and that their proceedings are accessible to persons with disabilities and people with varying levels of literacy and education. • Consider cooperating with other conflict prevention and resolution efforts for mutual reinforcement, to identify skilled mediators or conciliators at the local community level, refer potential disputes to relevant mechanisms and raise awareness on the availability of these mechanisms. For the Judiciary: • Provide training for judges to inform them about the formal EDR and informal ADR processes established by the EMB during the elections and how they interact during elections or may impact court proceedings during the pre-election period. • Consider introducing tested forms of judicial ADR with specific deadlines for certain types of pre-election disputes, depending on legal tradition and practices—in particular, for intra- or inter-party disputes. 13