IFES Practitioner Brief on Alternative Dispute Resolution in Elections
Alternative Dispute Resolution in Practice—
Lessons for Practitioners
This section examines ADR initiatives in various countries between the late 1990s and 2021, highlighting the
specificities of the design and use of ADR in elections and including both successes and challenges. We focus on
the lessons that have been learned as the use of ADR continues to expand and evolve. Further details about the
countries that illustrate the lessons are provided in the case studies in Annex 1.
Lesson 1: ADR structures should be clearly defined and transparent,
and training should be provided for ADR practitioners
Experience has shown that successful ADR mechanisms have clearly defined structures that are representative of
electoral stakeholders at the local level, thereby enjoying stakeholders’ trust and building local ownership. It is also
vital that all members of ADR bodies are well-trained, to avoid inconsistent practices and outcomes that can simply
give rise to new grievances. Another success factor is for the ADR bodies to report publicly on their work, which
enhances transparency and public trust.
As a pioneer of ADR in elections, the Independent Election Commission (IEC) in South Africa has used various ADR
mechanisms over different election cycles that have evolved with the socio-political context. These consist of conflict
management committees (CMCs) headed by provincial election officers and made up of political party liaison
representatives, local NGOs, security forces, and members of mediation panels. The provincial panels are assisted
in their work by community panelists at the local level, so they can deal with local conflicts at the source. Panelists
are approved by the local party liaison committees and enjoy the respect and trust of political parties and the
community, which is credited for their success in preventing violent conflicts. More recently, coordinators of Conflict
Panels have been integrated into Joint Operation Centers (JOCs), enabling local risks of electoral conflict to be
mapped and fed up the JOC chain to the provincial and national level. One weakness in the CMCs’ work is that they
are not required to collect data and report on their work, which would help to systematize their efforts across the
country, improve effectiveness and increase transparency. 65
In Zambia, similar successes and challenges are evident. The Electoral Commission of Zambia established an ADR
mechanism (CMCs) at the national and district levels to resolve electoral disputes. The composition of the CMCs
includes religious leaders, political party representatives, law enforcement and other government agencies, and civil
society representatives, which has helped to create local ownership. The decentralized structure of the CMCs allows
members with direct knowledge of the context and the actors involved to resolve disputes quickly through mediation
and conciliation. Despite a positive start, the impact of the CMCs has been mixed. Although they have helped to
reduce violence and defuse tensions, there has been a lack of consistent training at the district level, resulting in their
performance and effectiveness varying widely. Another challenge is the lack of transparency, caused by CMCs’ failure
65
Based on the interviews conducted, the IEC’s dwindling budget is thought to be responsible for this weakness.
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