IFES Practitioner Brief on Alternative Dispute Resolution in Elections decisions, the degree of informality and the actors involved are key elements to distinguish ADR from EDR. The distinction between formal and informal mechanisms also needs to be interpreted based on each country’s legally mandated EDR system. 39 Although there is no universal consensus on the definitions of each ADR mechanism, it is important to ensure in each country that terms are defined clearly and are well-understood by all stakeholders. Legal Basis for ADR In Elections Several national constitutions studied for this research provide for or encourage the use of ADR mechanisms as a general principle rather than specific to election disputes. 40 More commonly, references to ADR mechanisms are found in electoral laws, 41 election bylaws, rules, or notifications. 42 But in most of the countries studied, IFES has noted that details are very limited in the legal framework or even in the rules, as will be described later in this paper. The legal provisions sometimes provide for the mode of ADR to be used (negotiation, conciliation, or mediation) but often remain vague on the composition of the ADR body, timing of appointment, number of members, respective roles, scope of issues that can be addressed, and procedures. Models of ADR Mechanisms Used in Elections As outlined previously, this paper focuses primarily on ADR mechanisms initiated or led by EMBs. While such mechanisms often include a multitude of actors, party representatives, governmental officials, elders from the community, and civil society actors, we mostly included case studies of committees or panels set up by an EMB or by courts. However, there are alternative models to resolve election disputes initiated by civil society or political parties, as set out in the table below. ADR committees established and chaired by EMB Such committees have been established in a number of countries. While they are chaired by EMB officials, these committees and panels include diverse actors as members (government officials, party representatives or lawyers, community members). The EMB can act as a mediator or arbiter or form part of a panel or committee that is mandated to perform that role. • Kenya: The law provides for the establishment of Peace Committees at the constituency level led by a returning officer to conciliate, negotiate, and mediate disputes arising from breach of code of conduct. • South Africa: The EMB established conflict management mediation panels to mediate local conflicts and allow for consultation and cooperation between the EMB and electoral stakeholders. See the chart at Kovick, D. & Young, J.H., 2011, p. 238. Constitutions that encourage the use of ADR include those of Kenya, Nepal, Malawi, Mexico, and Zambia, as set out in the case studies below. 41 For example, in the South Africa Electoral Act and in the Kenya Electoral Act Schedule II on Code of Conduct or in Indonesia Election Law 2017. 42 For example, in Myanmar and Sri Lanka. 39 40 20