IFES Practitioner Brief on Alternative Dispute Resolution in Elections
conciliation in other areas of law is expanding in Europe and North America and could be considered for use in
elections in the future.
Types of Disputes
ADR can offer an efficient resolution to a variety of election disputes and serve as a complement to the judicial system
if designed well. For example, in Myanmar in 2015 and 2020, voters, political parties or candidate reported violations
to the Election Mediation Committees (EMCs) to resolve issues of hate speech, allegations of illegal campaign
activities, intimidation of voters, and disturbances on Election Day. ADR can be used to address concerns about the
secrecy of voting and to ensure compliance with electoral or non-electoral regulations, such as COVID-19 restrictions.
In South Africa, mediation and conciliation are used for violations of the electoral code of conduct (e.g., mediation or
conciliation can de-escalate threats, address instances of undue influence or abuse of state resources, tackle illegal
campaign materials, and mitigate disinformation). Disputes may involve political parties, candidates, agents, election
officials, or group of voters.
Determining Whether Disputes Are Suitable for ADR
Before designing an ADR mechanism for election disputes or accepting a specific dispute for mediation or conciliation,
certain issues and the cultural and political context should be carefully considered. When facing the scenarios
featured in the box below, the EMB, court, or tribunal should question whether ADR is appropriate. 62
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EDR BRIDGE MODULE. ADR session.
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