IFES Practitioner Brief on Alternative Dispute Resolution in Elections
offer more targeted remedies, and strengthen dialogue at the community level. This can build confidence among
members of the community and improve the legitimacy of the electoral process by involving stakeholders more closely
in the dispute resolution process. Recent global surveys have illustrated the lack of trust in government institutions
and the decline in democratic values, particularly among young people. 3 In this context, ADR can play an important
role by providing a more inclusive, multi-actor forum to resolve electoral disputes. While ADR bodies are primarily led
by election officials, civil society organizations (CSOs), political party representatives, and community leaders are
often members and can actively participate in reaching a settlement or resolution to the dispute.
ADR’s informal structure can enable simpler implementation at the
local level, allowing for the involvement of non-traditional actors both
as mediators/arbiters and as disputants. This creates a system that
is more accessible for grassroots political parties, local candidates,
and individuals to seek remedies and obtain justice. ADR can also
enhance the participation of women or traditionally disadvantaged or
marginalized
groups,
adjudicators/mediators;
both
its
as
flexible
petitioners
approach
is
and
often
as
more
welcoming and user-friendly for individuals who are unfamiliar with formal judicial proceedings or have limited physical
or financial access to the judiciary. For example, in Mexico, the Election Institute of the State of Oaxaca has introduced
mediation as a means of resolving disputes in Indigenous communities that elect their local authorities using
traditional practices. In India and Sri Lanka, the International Foundation for Electoral Systems (IFES) has supported
projects to increase the participation of women in Muslim community Qadi courts as users and arbiters. This is a way
to support Indigenous traditions and find inclusive, consensual, and culturally appropriate ways of resolving disputes,
as well as reducing pressure on over-burdened electoral tribunals. 4
Despite the advantages it offers, ADR remains underutilized in
elections or, in some cases where it is utilized, it is not optimally
designed and implemented. There are also risks to the introduction
of ADR in elections, including if the mechanism lacks sufficient
details in the legal framework and guidelines on the mandate,
responsibilities, and procedures for ADR; adequate resources to
train election officials or other involved actors on ADR skills such as
mediation, conciliation, or arbitration; and sufficient stakeholder
awareness of the ADR mechanism.
Legal practitioners and anti-corruption experts have flagged
challenges regarding the use of informal and customary dispute
3 OECD
2021 Government at a Glance, p. 7: “Even with a boost in trust in government sparked by the pandemic in 2020, only 51% of
people in OECD countries trusted their government, “[d]emocracy experienced its biggest decline since 2010” and the percentage of
people living in a democracy fell to well below 50%. Democracy Index 2021, The Economist Intelligence Unit, February 2021. Foa, R.S.,
Klassen, A., Wenger, D., Rand, A. and M. Slade. 2020. “Youth and Satisfaction with Democracy: Reversing the Democratic Disconnect?”
Cambridge, United Kingdom: Centre for the Future of Democracy, October 2020.
4
See the Mexico case study in the annex of this paper.
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