IFES Practitioner Brief on Alternative Dispute Resolution in Elections
not covered every consultative or conciliatory forum set up during elections to engage in dialogue with stakeholders.
Internal party dispute mechanisms or ADR led by political parties without the involvement of the EMB are outside the
scope of this paper, as are the many efforts to prevent electoral violence that are led by CSOs. 17
18
Finally, during our research we found only limited judicial initiatives for mediation in electoral disputes—in Kenya and
Senegal—and have noted some calls for judicial mediation in Nigeria, along with keen interest from some
interviewees. The limited use of ADR by the judiciary in election disputes can be explained by the development of
non-judicial alternatives to litigation, lack of awareness, and reluctance from lawyers. However, there is also
insufficient research in the field due to the informal nature of these bodies, the lack of instruction on reporting and the
short time available prior to an election, 19 and this is an area ripe for further study.
Summary Recommendations
The summary recommendations that follow focus on the different bodies or groups that may have a stake or a role
(or both) in the effective implementation of ADR in elections. Ideally, these recommendations should be considered
from the outset in the design of any ADR mechanism. However, our research also highlights the need for customized
solutions based on a country’s experience with ADR, notably the culture and legal tradition of the country, and the
experiences and practices of marginalized communities. Given the focus of this report, these recommendations
mainly focus on EMB-led ADR processes. Subsequent research is needed on judiciary-led ADR or other forms of
ADR in the electoral process.
Monitoring/tracking violence and risk factors, early warning systems, etc., are key activities to prevent disputes and can be
complementary to the resolution of disputes, but are not the focus of this research as they relate more to a preventive mechanism rather
than a dispute resolution mechanism.
18
West Africa Network for Peacebuilding. (2013). Election dispute management for West Africa: A training manual. p. 2.
https://gppac.net/resources/election-dispute-management-west-africa-training-manual
19
European Commission for the Efficiency of Justice, (2007, December 7). Guidelines for a better implementation of the existing
Recommendation on alternatives to litigation between administrative authorities and private parties. https://rm.coe.int/1680747683
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