IFES Practitioner Brief on Alternative Dispute Resolution in Elections
Alternative
Dispute
Resolution in
Elections
While formal dispute resolution processes in elections are vital
to upholding the rule of law, the introduction of alternative
dispute resolution (ADR) mechanisms may be beneficial,
particularly in fragile and post-conflict states or new
democracies where disputes must be resolved quickly to avoid
violence or where there is very low trust in the judiciary. The
case studies in this report demonstrate that ADR mechanisms,
if designed and implemented effectively, can ensure more
accessible and timely resolutions than formal mechanisms at
a lower cost. The use of mediation or conciliation for certain
types of pre-election disputes can lead to greater community
engagement (including of non-traditional actors), promote accessibility, mitigate impunity for electoral violations, and reduce
burdens on the courts and the election management body (EMB).
Our research also highlights that a well-designed and trained ADR body can enhance the role of women and provide a culturally
appropriate mechanism for dispute resolution, while preventing and defusing tensions.
This report also highlights the potential risks and challenges to ADR, particularly in contexts where the legal framework, mandate,
and procedures are unclear. Inadequate training of ADR practitioners can result in mediators behaving in a partisan manner or
failing to guard against power imbalances or human rights abuses, which can further increase tensions or erode trust. Finally, a
lack of stakeholder awareness on how to access ADR mechanisms may leave the public with the perception that there is no avenue
for justice in some communities.
Due to the informal nature of ADR mechanisms, EMBs have rarely collected data on the type and number of disputes handled
through ADR, creating a challenge for research and a missed opportunity to draw on lessons learned, promote successful initiatives,
and build trust in the EMBs’ capacity to address legitimate disputes. This practitioner brief attempts to remedy the lack of information
on the use of ADR in elections and presents a series of case studies to highlight lessons from diverse country experiences. This
paper also proposes recommendations to improve the design and implementation of ADR in elections.
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