Appendix B. Glossary of electoral justice
terminology
Ad hoc EDR system An EDR system that involves an ad hoc body
derived from a provisional or transitional arrangement. This might
be created either with international involvement, or as an internal
national institutional solution. The key characteristic of this type
of EDR system is its provisional or transitional nature: the ad hoc body
is tasked with the resolution of the challenges arising from a specific
election or series of elections held over a given period. The body itself
may be legislative, judicial or administrative in nature.
Adjudication The legal process of resolving a dispute. The formal
pronouncement of a judgement or decree in a court proceeding, which
also includes the judgement or decision given. The entry of a decree by
a court in respect of the parties in a case. It implies a hearing by a court,
after notice, of legal evidence on the factual issue(s) involved.
Administrative challenges Those challenges that are resolved by the
EMB in charge of directing, organizing, administering and overseeing
election procedures. Through such a challenge, those affected may
oppose an electoral action or decision using a procedure in which
either the same organ of the EMB that issued the action or decision
being challenged or another of a higher rank decides the dispute.
Alternative dispute resolution (ADR) A means for disputing
parties to come to an agreement short of litigation. ADR is generally
classified into at least four types: negotiation, mediation, collaborative
law and arbitration. (Sometimes a fifth type, conciliation, is included
as well, but for the present purposes it can be regarded as a form
of mediation.) ADR can be used alongside existing legal systems, or as
a result of mistrust in the conventional system.
Alternative electoral dispute-resolution mechanism (AEDR
mechanism) AEDR mechanisms may exist alongside formal EDR
mechanisms or come into being on an ad hoc basis or in exceptional
circumstances. They provide for one or more parties to a conflict to
initiate a process to resolve it, unilaterally, bilaterally, or through a third
party or agency. In the latter case, the equivalent judicial mechanisms
are conciliation, mediation and arbitration.
Alternative electoral dispute resolution (AEDR) Bodies,
institutions and/or mechanisms that operate outside the legally
established EDRBs and/or systems which handle, deal with and/or
settle disputes related to electoral processes. These are usually informal/
traditional bodies and/or mechanisms, such as ad hoc committees
for the supervision of compliance with codes of conduct, traditional
dispute-resolution mechanisms, non-governmental organizations, civil
society organizations and so on.
Annulment (making void) There are three types of annulment: the
annulment of a single ballot; the annulment of the votes received at
a particular polling station; and the annulment of an entire election.
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